E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, WEDNESDAY, OCTOBER 19, 2005 No. 133 House of Representatives The House met at 10 a.m. and was Pursuant to clause 1, rule I, the Jour- itual man who conveys his spirituality called to order by the Speaker pro tem- nal stands approved. in a very gentle and unassuming way. pore (Mrs. MILLER of Michigan). f We thank him for his service and for f traveling to the Nation’s Capitol this PLEDGE OF ALLEGIANCE morning and for offering the morning’s DESIGNATION OF THE SPEAKER The SPEAKER pro tempore. Will the prayer. PRO TEMPORE gentleman from New Jersey (Mr. GAR- f The SPEAKER pro tempore laid be- RETT) come forward and lead the House fore the House the following commu- in the Pledge of Allegiance. DOMESTIC VIOLENCE TAKES REAL nication from the Speaker: Mr. GARRETT of New Jersey led the LIVES WASHINGTON, DC, Pledge of Allegiance as follows: (Mr. POE asked and was given per- October 19, 2005. I pledge allegiance to the Flag of the mission to address the House for 1 I hereby appoint the Honorable CANDICE S. United States of America, and to the Repub- minute and to revise and extend his re- MILLER to act as Speaker pro tempore on lic for which it stands, one nation under God, marks.) this day. indivisible, with liberty and justice for all. Mr. POE. Madam Speaker, people die J. DENNIS HASTERT, Speaker of the House of Representatives. f because of domestic violence: Rocio Al- varado, 27, Houston. Ella Marie f WELCOMING THE REVEREND Broussard, 26, Houston. Ericka PRAYER JOSEPH L. LOGRIP Cavazos, 28, Houston. Marivell Garcia, The Reverend Joseph L. Logrip, Pas- (Mr. FITZPATRICK of Pennsylvania 22, Baytown. Ebony Johnson, 22, Hous- tor, Immaculate Conception Church, asked and was given permission to ad- ton. Keisha Joseph, 34, Houston. Levittown, Pennsylvania, offered the dress the House for 1 minute.) Florentina Matamoros, 31, Houston. following prayer: Mr. FITZPATRICK of Pennsylvania. Maria Navarro, 37, Houston. Gloria Ann Father, all-powerful and ever-living Madam Speaker, I rise today to wel- Ozuna, 18, Houston. Ziba Poursheykhi, God, we do well always and everywhere come to our Nation’s Capitol and to 44, Houston. Susan Soogrim, 44, Bay- to give You thanks and praise. You this House Chamber Father Joseph town. Amanda Terlouw, 25, Houston. graciously share Your governance with Logrip of Immaculate Conception Par- Prudencia Vallejo, 62, Houston. us, a governance where life and free- ish in Levittown, Pennsylvania, and to Khadija Williams, 31, Humble. Sheila dom, worship and charity, justice and thank him for offering this morning’s Marie Davis, 35, Beaumont. Joyce peace, work and ownership are prayer, a custom dating back to the Volrie, 62, Beaumont. foundational to Your eternal plan. How Continental Congress, and one that is Madam Speaker, these victims were awesome this governance. How de- deeply embedded in the history and murdered by their intimate partner, manding this task. tradition of this body. spouse, or boyfriend this very year. Do- Give us, we beseech You, the gift of Father Logrip is a teacher, a pastor, mestic violence is not just a family wisdom, the great attendant at Your and a spiritual leader. He has been a issue but a criminal issue, a health throne, for Your wisdom renders right friend and mentor for me and for thou- issue, an American issue. Madam judgment and integrity of heart. sands of others. Father Logrip’s con- Speaker, America must be concerned Keep us safe and strong. Allow our tributions both in Bucks County and about what takes place in our families governance to be pleasing in Your eyes throughout our Commonwealth have and the murder of spouses in the do- and conformable to Your commands. made him an invaluable spiritual lead- mestic violence situation. That is just So we recognize You as the God of this er for Pennsylvanians of all faiths. the way it is. Nation and the Lord of this land. Under his guidance as pastor, the f As always, we ask this through Church of Immaculate Conception in BUDGET AND IRAQ Christ our Lord. Amen. Levittown, Pennsylvania has grown in f size and in faith, and it has enriched (Mr. EMANUEL asked and was given the lives of its parishioners and also permission to address the House for 1 THE JOURNAL the community around it. Father has minute.) The SPEAKER pro tempore. The devoted his life to the well-being of his Mr. EMANUEL. Madam Speaker, Chair has examined the Journal of the church. He is a man of the people in a after racking up nearly $3 trillion in last day’s proceedings and announces working-class community. He is a new debt in the past 4 years, suddenly to the House her approval thereof. great communicator, and he is a spir- this Congress has decided to become

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8922 CONGRESSIONAL RECORD — HOUSE October 19, 2005 budget hawks. Tomorrow we are set to PENTAGON’S SPIN MACHINE AND continue their worn-out policies of tax slash up to $50 billion from essential THE CANCELLATION OF ED and spend. investments in America in order to cut SCHULTZ’S SHOW In conclusion, God bless our troops, taxes for the wealthiest 1 percent. To (Ms. LEE asked and was given per- and we will never forget September 11. pay for those tax cuts, we are cutting mission to address the House for 1 f health care, education, community in- minute.) WATER OBJECTIVES vestments, heating assistance, and nu- Ms. LEE. Madam Speaker, according tritional programs. American tax- (Mr. BLUMENAUER asked and was to its own mandate, the Armed Forces given permission to address the House payers all the while are being asked to Network is supposed to provide polit- carry $445 billion invested in Iraq’s for 1 minute.) ical programming that is characterized Mr. BLUMENAUER. Madam Speaker, war. In Iraq we have built and ren- by fairness and balance, and should the turmoil surrounding the Katrina ovated 110 primary health care centers, provide ‘‘reasonable opportunities for aftermath and some of the winds of vaccinated 3.2 million children, but the presentation of conflicting views change here in Washington, DC, ob- right here this budget by the Repub- on important controversial public scures the fact that every 15 seconds a licans is cutting $10 billion from Med- issues.’’ child dies needlessly and hundreds of icaid. Now, the Bush administration’s Pen- millions of people worldwide are sick In Iraq we have rehabilitated 2,700 tagon has ignored that mandate, choos- from waterborne diseases. But a small schools, trained 36,000 secondary school ing to air Rush Limbaugh as its only bright spot is emerging for the United teachers. In America, we are cutting daily political programming. This is States leadership potential on this $806 million from public school funding the same man who spent weeks issue. I commend Senator FRIST for his and college assistance by billions of condoning and trivializing the abuse, personal concern and leadership in the dollars. We have funded 3,100 commu- torture, and rape of Iraqi prisoners. other body and bipartisan legislation nity development projects in Iraq, but Should this be the only political voice co-sponsored by Democratic leader this Congress is cutting $250 million that our soldiers hear daily around the Senator REED. In the foreign ops bill from community development block world? there is $200 million in the Senate grants. On Monday, our soldiers were finally version dedicated for water objectives, Madam Speaker, it is our duty to re- supposed to hear a differing voice, lib- a significant increase given that we are build Iraq, but Iraq’s future should not eral radio talk show host Ed Schultz. currently only spending $8 million in come at the expense of America’s. This However, the Pentagon called to in- the entire continent of Africa. Congress should be working to leave form Schultz minutes before his debut We await floor action on our bill out America stronger in the future, not that they were pulling his show. Why? of the House International Relations weaker. They did not give him an answer. Committee, the Paul Simon Water for Schultz tried to explain this decision the Poor Act, where Congress can act f to his listeners, saying on Monday that to pull together the pieces for a global the Pentagon does not want dissenting water strategy. It is easily within our REGULATING GOVERNMENT- voices or any other kind of speech un- power to meet our commitments to ex- SPONSORED ENTITIES less it is going to be promotional for tend safe drinking water and sanita- them. tion to over a billion people in need. (Mr. GARRETT of New Jersey asked Madam Speaker, perhaps more than f and was given permission to address anyone else our troops abroad deserve SPENDING REDUCTIONS the House for 1 minute.) to hear all political opinions from Mr. GARRETT of New Jersey. home. Remember, this is a democracy. (Mrs. BLACKBURN asked and was Madam Speaker, I rise today to discuss given permission to address the House f an issue that may come before the for 1 minute and to revise and extend floor of this House next week. It is the DEMOCRATS AND THE $61 BILLION her remarks.) regulations of GSEs, Fannie Mae and BARGAIN BUDGET Mrs. BLACKBURN. Madam Speaker, Freddie Mac. These were institutions if House liberals had their way, last (Mr. WILSON of South Carolina year we would have spent $7.4 billion that were created by Congress with the asked and was given permission to ad- main purpose of providing liquidity in more on social programs, and here we dress the House for 1 minute and to re- are in the middle of a war on terrorism. the mortgage market and also to pro- vise and extend his remarks.) vide affordable housing for lower in- We are facing new expenses with that Mr. WILSON of South Carolina. war. We are working to rebuild after come families. Madam Speaker, if Democrats had Unfortunately, over the years they hurricanes Katrina and Rita, and the their way, Americans would be forced Democrats are saying, spend more, have left their mark, and they have to pay higher taxes to cover the bil- been plagued by multiple accounting spend more. lions of dollars of excessive govern- Madam Speaker, the American peo- scandals. ment spending proposed by Democrats ple need to know what that means. I commend the chairmen, Chairmen every year. Yesterday, while opposing When they say spend more, it means OXLEY and BAKER, for what they are tax cuts for hard-working American the American people are going to turn doing, drafting legislation to address families, Democrat Leader NANCY over more of their hard-earned money. it; but unfortunately the bill does not PELOSI conveniently forgot that her Republicans in this House, from our go far enough. The crux of the problem party has proposed to increase the Fed- newest Members to our leadership, are is that there is no limit to the size of eral budget by $61 billion in only 3 talking about how to reduce spending. their portfolio, their balance sheets, years. If $61 billion is a vision of fiscal Democrats are either staying quiet and the amount of debt they have. Right restraint, this is an obvious misinter- hoping to avoid this subject or simply now it is around $1.5 trillion, $1.7 tril- pretation of the facts. ignoring the bottom line and calling lion in debt on their financial sheets. A As Democrats search for ways to for increases in their pet projects. failure in the system would mean that spend more taxpayer money, House Re- Their leadership consistently fails to the savings and loan scandals of a few publicans are working hard to decrease do anything but complain and is not years ago would pale in comparison. the deficit and eliminate frivolous gov- endorsing spending reductions. I will conclude by quoting Allen ernment programs. Yesterday, we an- Enough is enough. If the liberals in Greenspan who testified that without nounced a plan to terminate 98 unnec- this body had their way, right now we restrictions on the size of the GSE bal- essary programs and save taxpayers would be spending $60 billion more. ance sheets, we put at risk our ability more than $4.3 billion. House Repub- f to preserve safe and sound financial licans will continue to work for fiscal markets in the United States. We must discipline because, if left up to Minor- UNIVERSAL HEALTH CARE do more to regulate and rein in our ity Leader PELOSI, the budget would be (Mr. KUCINICH asked and was given GSEs. at least $61 billion larger as Democrats permission to address the House for 1

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8923 minute and to revise and extend his re- ing fiscal sanity. In 1997 the House is what would be fiscally irresponsible marks.) passed a deficit-reduction bill with 153 and immoral. Mr. KUCINICH. Madam Speaker, it is Democrat votes that saved billions. My Republican colleagues and I real- long past the time since this Congress They should join us in a similar move ize the importance of fiscal restraint should be passing legislation to create now. and financial responsibility, and we are a universal single-payer system of f working to find a solution that will not health care in the United States. This bury our children and grandchildren DISTORT THE TRUTH WEEK past week we saw General Motors cut under mounds of debt. I urge my col- $1 billion a year in health care ex- (Ms. LINDA T. SA´ NCHEZ of Cali- leagues from across the aisle to join us penses for 750,000 auto workers and re- fornia asked and was given permission in this responsible and moral initia- tirees. People who have worked every to address the House for 1 minute and tive. day of their lives and made a contribu- to revise and extend her remarks.) f tion to this society are suddenly find- Ms. LINDA T. SA´ NCHEZ of Cali- APRIL FOOL’S DAY COMES EARLY ing their health care benefits dras- fornia. Madam Speaker, it is Repub- TO HOUSE tically reduced. lican ‘‘tort reform week’’ in the House Over 40 million Americans do not of Representatives. However, I think a (Mr. DEFAZIO asked and was given have health insurance. Millions more more appropriate name would be ‘‘dis- permission to address the House for 1 cannot afford to pay health insurance tort the truth week.’’ minute and to revise and extend his re- because they are finding premiums, co- Two bills on this week’s House cal- marks.) pays, and deductibles rising. It is time endar, the Personal Responsibility in Mr. DEFAZIO. Madam Speaker, April that the government stepped in dra- Food Consumption Act and the Protec- Fool’s Day has come early to the matically to create a single-payer sys- tion of Lawful Commerce in Arms Act United States House of Representa- tem. It is time that we realize that unjustly slams the courthouse doors in tives. The Republicans are in charge. health care is a basic right in our soci- the face of injured plaintiffs. They control everything, and in the ety. It is time that we saw that we are And why are we voting to shut the last 5 years our debt has increased 60 already paying for universal health doors of courthouses to legitimate percent to $8 trillion. That is $27,000 for care. We are not getting it. One out of plaintiffs? So the Republican Party can every American. Well, not for every every four dollars goes for the activi- give a gift to special interests and the American, only for working Americans ties of the for-profit system, for cor- fast food industry and the NRA. It is because the rich are exempt from porate profits, advertising, marketing, time to put a stop to this charade. If taxes. the cost of paperwork, 20 to 30 percent. the goal is to prevent frivolous law- What they are talking about here, It is time that we stood up for the suits, then punish the lawyers who file the hard-working Americans, the only American people and for the health of them. But if the goal is to give unscru- people who got a pay raise last year, our people and passed H.R. 676, a uni- pulous food companies and gun dealers the people who earn over $1.3 million a versal single-payer health care system. free reign to make their products more year. dangerous, then by all means I urge my Madam Speaker, 99 percent of the f colleagues to support both bills. people in this country had their real b 1015 However, my goal is to protect the incomes go down last year, but not American people, to ensure safe busi- that group. That is who the Repub- FISCAL SANITY ness practices in food production and licans want to protect here. It is trick- (Ms. FOXX asked and was given per- in the gun industries and to preserve le-down economics. They say we need mission to address the House for 1 the integrity of our judicial system. it now more than ever. How else are we minute and to revise and extend her re- That is why I am voting ‘‘no’’ on both going to recover from Hurricane marks.) the Personal Responsibility in Food Katrina? They want to give the Ms. FOXX. Madam Speaker, as a fis- Consumption Act and the Protection of wealthiest among us, the top one-tenth cal conservative, I rise today in relief Lawful Commerce in Arms Act. I urge of 1 percent, the millionaires, tax that the Democrats have not been able my colleagues to do the same. breaks, and they will trickle-down on to have their way with the Federal f America. checkbook. Well, the people of the Southeast RESPONSIBLE SPENDING In fact, if they would have had their have been trickled down upon. And, in way with spending, a new report by the (Mr. PRICE of Georgia asked and was fact, some of them drowned because of House Committee on Appropriations given permission to address the House the incompetence of these people. released yesterday shows they would for 1 minute and to revise and extend f have increased spending by more than his remarks.) $60 billion over the past 3 years. Mr. PRICE of Georgia. Madam HONORING THE LIFE OF WILLIAM Before our Nation faced the chal- Speaker, if the Democrats were in JENNINGS BRYAN DORN lenges of the recent hurricanes, our Na- charge, as they would like, they would (Mr. BARRETT of South Carolina tion was on track to produce more and increase our spending this year by tens asked and was given permission to ad- our government was spending less. In of billions of dollars. In fact, over the dress the House for 1 minute and to re- fact, last year Congress held nonsecu- last 3 years Democrats have attempted vise and extend his remarks.) rity discretionary spending to a 1 per- to bust the discretionary budget by Mr. BARRETT of South Carolina. cent growth rate, far below inflation more than $60 billion. Madam Speaker, a great South Caro- and the previous 5-year average growth Where would we find the money for linian, in fact a great American, Wil- of 6 percent. And last year, Congress their additions for this astronomical liam Jennings Bryan Dorn, passed held nonsecurity discretionary spend- amount? You know the answer because away at the age of 89 on August 13, ing to a 1.4 percent growth rate, less it is their answer to every single prob- 2005. He represented the citizens of my than inflation and a major reduction lem, higher taxes. district from 1947 to 1974, 13 terms, 26 from previous years. However, Republicans are looking for years. Democrats, on the other hand, have savings from other programs, not rais- His list of accomplishments is long no plan to reduce the deficit. While ing taxes on hard-working Americans. and impressive. Before coming to DC, they complain about budget deficits, Being fiscally responsible is the only he served as the youngest member of they propose billions more in new answer, not just spending more money. both the South Carolina House and the spending. Their only answer is to raise We have an obligation to the American Senate, and was a proud veteran of taxes in order to have more money to people to restrain spending. If my col- World War II. During his service here spend. That is not good for the family leagues on the other side of the aisle on Capitol Hill, Dorn became chairman checkbook or the American economy. had their way, they would spend bil- of the House Committee on Veterans Madam Speaker, I ask my Demo- lions of dollars on programs that sound Affairs, and a strong advocate of mili- cratic colleagues to join me in restor- perfectly wonderful; but, frankly, that tary personnel. He worked on several

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8924 CONGRESSIONAL RECORD — HOUSE October 19, 2005 pieces of legislation, primarily the GI Democrats want to raise taxes and was the presence of Iraqi security bill, which has enabled countless vet- thus destroy jobs. They want to inflate forces themselves. These forces were up erans to get a college education. the Federal budget and thus decimate 35 percent since January to almost On a more personal note, before he the family budget. 200,000. died I had an opportunity to spend They accuse us of being fiscally irre- Finally, after years of oppression some time with Representative Dorn sponsible, but every time we pass a under Saddam Hussein, Iraqis were and his family, a memory I will always budget, they offer a substitute that able to hold a truly fair, open election. cherish. spends billions and billions more. They Saturday was indeed an historic day. To the Dorn family, our prayers are claim our budget policies hurt the f with you as you grieve, and I thank poor, but we instead have reduced the HELPING THE WEALTHIEST FEW you for sharing such a man of integrity ranks of the poor by helping create 4.1 with us. million new jobs so families can in- (Mr. PALLONE asked and was given f crease spending on housing and health permission to address the House for 1 minute and to revise and extend his re- WHAT IS PRESIDENT BUSH care. Compassion for the poor is meas- ured by the number of jobs you create, marks.) WAITING FOR? Mr. PALLONE. Madam Speaker, 6 not the number of government checks (Mr. FILNER asked and was given weeks ago all Americans saw the you write. permission to address the House for 1 human face of poverty in the aftermath minute and to revise and extend his re- f of Hurricane Katrina. President Bush marks.) FLAWED REPUBLICAN BUDGET vowed after the botched Federal re- Mr. FILNER. Madam Speaker, what PRIORITIES sponse that the Federal Government is President Bush waiting for? It is now (Ms. SCHAKOWSKY asked and was would do everything it could to help blatantly clear that the President’s given permission to address the House those displaced in the gulf coast and to main political adviser, Karl Rove, and for 1 minute and to revise and extend finally address the issue of poverty. the Vice President’s Chief of Staff, Well, 6 weeks later and the House Re- her remarks.) Scooter Libby, leaked a CIA agent’s publican majority is already forgetting Ms. SCHAKOWSKY. Madam Speaker, identity to the press. about America’s most vulnerable. This it is obvious what the Republican talk- Madam Speaker, 2 years ago at the week Republicans plan to cut Med- ing points are today. If the Democrats beginning of the investigation, the icaid, higher education, food stamps, were in charge, how we would increase President said, ‘‘If there is a leak out and possibly the earned income tax spending and increase the debt. Well, of my administration, I want to know credit. These are programs that have who it is.’’ guess what, Democrats were in charge helped the most vulnerable in our Na- Today all the President will say is he and what happened, we ended up, after tion. will not comment on it until the inves- President Clinton left, with $5 trillion Republicans will claim that their tigation is over. If the President really in surpluses, surpluses as far as the eye budget reconciliation bill is fiscally re- wanted to know exactly how Rove and could see. sponsible and will cut the deficit, but Libby were involved, he could walk We had not the deficit, but actually a that is simply not true. This budget ac- down to their offices and demand that surplus in the yearly budget of $236 bil- tually raises the deficit, gives more tax they answer him honestly. lion. And what has happened since? breaks to the wealthy and makes mat- There is simply no reason for Presi- Madam Speaker, we are $8 trillion in ters worse for the victims of Hurricane dent Bush to delay any longer. The debt. From $5 trillion surplus to $8 tril- Katrina. It only took Republicans 6 American people and our CIA agents lion in debt. weeks to forget the images of Hurri- around the world need to be able to What happened to all those projected cane Katrina. They are once again put- trust those with top security clear- surpluses every year? Oh, the Repub- ting the priorities of the wealthiest few ance. Let us not forget that both Rove licans said that by 2005 we would have ahead of working class Americans. It is and Libby continue to hold these clear- a $269 billion surplus in the budget. now clear that Republicans learned ab- ances despite the ongoing investigation Forget it, it is $319 billion in debt. solutely nothing from Hurricane and all of the evidence pointing to So what are we talking about when Katrina. we say fiscal responsibility? And how their heavy involvement. f Madam Speaker, it is time for the are they going to do it now, never mind President to take action. There is an the $200 billion for the war in Iraq, let PROTECTING OUR BORDERS ethical cloud hanging over the White us not charge for building Baghdad, let (Mr. CULBERSON asked and was House. It is unlikely that firing these us cut spending so we can offset re- given permission to address the House two men will remove the cloud, but it building Biloxi. for 1 minute and to revise and extend is certainly a beginning. Instead of an f his remarks.) Mr. CULBERSON. Madam Speaker, I administration of neo-cons, we appar- HISTORIC IRAQI ELECTIONS ently have an administration of just want to thank the President of the plain cons. (Mr. STEARNS asked and was given United States for speaking out so permission to address the House for 1 f forcefully yesterday with Secretary minute and to revise and extend his re- Chertoff and reiterating that they are PREVENTING FISCAL DISASTER marks.) determined to protect our borders and (Mr. HENSARLING asked and was Mr. STEARNS. Madam Speaker, over to prevent or stop the uncontrolled given permission to address the House the weekend an historic day occurred flood of illegal immigration into this for 1 minute and to revise and extend in Iraq. Millions of Iraqis took another country. his remarks.) step toward democracy and turned out This is a law-and-order issue. I just Mr. HENSARLING. Madam Speaker, to vote for a new constitution. returned form a visit to the Rio Grande after Hurricane Katrina and Hurricane While the final results will not be River, and you do not need to go to Rita, we must ensure that a great nat- known until the end of this week, the Baghdad to see the war on terror. ural disaster of this generation does large turnout of voters and the signifi- Nuevo Laredo is essentially a ghost not turn into a great fiscal disaster for cantly fewer security incidents are, town. Laredo is under siege. The larg- the next. therefore, a sign that Iraq is on the est inland port in the United States, To pay for Federal hurricane relief, way to democracy. Laredo, is in a state of war. It is be- there are only one of three places that Close to 63 percent of the country’s 15 sieged by narcoterrorists who are the money can come from: Raising million registered voters cast ballots, equipped with the very best weapons taxes on the American people, passing which is significantly more than turn and best equipment. even more debt on to our children, or out in the U.S. presidential elections. The sheriff and the local authorities to actually reduce the growth of Fed- Violent incidences were far less this are outgunned and overmatched. Our eral spending by reforming programs election than in January. Perhaps con- Border Patrol is outgunned and over- and prioritizing spending. tributing to the low levels of violence matched.

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8925 Mr. President, thank you, sir. We eral radio talk show host Ed Schultz’s XVIII, the Chair declares the House in need you, with the stroke of a pen, show was set to debut. the Committee of the Whole House on please reinforce the Border Patrol. However, 15 minutes before our sol- the State of the Union for the consider- Help our local law enforcement au- diers could finally hear a differing ation of the bill, H.R. 554. thorities defend the peace and pros- opinion, the Pentagon abruptly can- b 1036 perity of the United States or our way celled the show. Ed Schultz’s producer of life may, indeed, change. received a call from a Pentagon official IN THE COMMITTEE OF THE WHOLE Thank you, Mr. President. The Amer- informing him that the show would not Accordingly, the House resolved ican people are way beyond the tipping be debuting on AFN. itself into the Committee of the Whole point in frustration and outrage at the Why exactly is the Pentagon keeping House on the State of the Union for the unprotected borders and this flood of our troops from hearing differing opin- consideration of the bill (H.R. 554) to illegal immigration, and we are very ions? Could it be that the Pentagon is prevent legislative and regulatory grateful to you, sir, for stepping up to a little embarrassed by the staging of a functions from being usurped by civil protect our borders. Presidential teleconference last week? liability actions brought or continued against food manufacturers, market- f We see the same staffer that informed Schultz of his cancellation was the ers, distributors, advertisers, sellers, ANNOUNCEMENT BY THE SPEAKER same woman seen coaching American and trade associations for claims of in- PRO TEMPORE troops last week in what was supposed jury relating to a person’s weight gain, The SPEAKER pro tempore (Mrs. to be an unscripted conversation with obesity, or any health condition associ- ated with weight gain or obesity, with MILLER of Michigan). Members are ad- our troops in Iraq. Schultz was critical vised to address their comments to the of that stage show. Mrs. MILLER of Michigan in the chair. Chair and not to the President. President Bush says our troops are The Clerk read the title of the bill. fighting to bring democracy to Iraq. It The CHAIRMAN. Pursuant to the f would be nice if our own troops could rule, the bill is considered read the A SIGNIFICANT STEP TOWARDS exercise some of that freedom. first time. Under the rule, the gentleman from DEMOCRACY IN IRAQ f Wisconsin (Mr. SENSENBRENNER) and (Mr. KINGSTON asked and was given ANTI-TERRORISM INSURANCE the gentleman from North Carolina permission to address the House for 1 (Mr. WATT) each will control 30 min- (Mrs. MALONEY asked and was given minute.) utes. permission to address the House for 1 Mr. KINGSTON. Madam Speaker, I The Chair recognizes the gentleman minute.) want the previous speaker to know from Wisconsin (Mr. SENSENBRENNER). Mrs. MALONEY. Madam Speaker, that I think I can get a Members tour Mr. SENSENBRENNER. Madam our leaders are telling us on both sides for both of us to the White House if my Chairman, I yield myself such time as of the aisle that terrorism is here to friend wants to join me sometime. I I may consume. stay. If they believe that, if they know will get back with the gentleman from Madam Chairman, I rise in support of that, then why are we not preparing for Washington on that. H.R. 554, the Personal Responsibility in it? I want to say in Iraq this weekend, it Food Consumption Act of 2005. was a historic and very significant day: Anti-terrorism insurance passed this The food service industry employs over 60 percent voter turnout to adopt House after 9/11 and put this country some 12 million people, making it the a new constitution; less violence than on a stronger economic foundation, and Nation’s largest private sector em- ever before on the election compared to it is set to expire this January. Busi- ployer. This vital sector of our econ- June; greater participation by every- nesses in my district are telling me omy has recently come under attack body, including the Sunni minority. that if their policies have expired since by lawsuits alleging it should pay mon- It is my hope that the constitution September, they cannot find coverage etary damages based upon legal theo- will pass and that in December we will anywhere in the United States of ries holding it liable for the over- have an election and the new govern- America; they are seeking insurance in consumption of its products. ment will take hold. And under that England. H.R. 554, the Personal Responsibility new government, their troops, of which Part of homeland security, part of in Food Consumption Act, would cor- we have trained 177,000, can start tak- being prepared or not is putting our rect this disturbing trend. Introduced ing a bigger role in the war and then economic policy in shape. And an im- by the gentleman from Florida (Mr. portant part of homeland security is our troops can step back and draw KELLER), this legislation would gen- down. anti-terrorism insurance. It is impor- erally prohibit frivolous obesity- or Last weekend was very significant. It tant to the economic foundation of this weight gain-related claims against the is too bad the press is begrudgingly country. It is important to combating food industry. It would, however, allow only covering good stuff when it comes terrorism. We need to extend it. We obesity-related claims to go forward in to Iraq, but do not let the day go by need to do it now. The program expires several circumstances, including cases without realizing its significance. A in January. in which a State or Federal law was great election, great participation, less f broken and as a result a person suf- violence, a significant step towards de- GENERAL LEAVE fered harm. Under H.R. 554, cases could mocracy. go forward in which a company vio- f Mr. SENSENBRENNER. Mr. Speak- lates an expressed contract or war- er, I ask unanimous consent that all ranty. CANCELLATION OF LIBERAL Members may have 5 legislative days Also, because H.R. 554 applies only to RADIO SHARE ON AN UNBAL- within which to revise and extend their claims based on weight gain or obesity, ANCED ARMED FORCES NET- remarks and include extraneous mate- lawsuits could still proceed if, for ex- WORK rial on H.R. 554. ample, someone gets sick from con- (Ms. WATSON asked and was given The SPEAKER pro tempore (Mr. suming tainted food. permission to address the House for 1 CULBERSON). Is there objection to the This legislation passed the House of minute.) request of the gentleman from Wis- Representatives during the 108th Con- Ms. WATSON. Madam Speaker, today consin? gress in the form of H.R. 339 with a our troops abroad have very few There was no objection. large bipartisan vote of 276 to 139. choices when they turn on their radios. f According to a recent Gallup Poll, If they are looking for political talk on ‘‘Nearly nine in 10 Americans oppose the Armed Forces Network, all they PERSONAL RESPONSIBILITY IN holding the fast-food industry legally get is the conservative spin machine FOOD CONSUMPTION ACT OF 2005 responsible for diet-related health from Rush Limbaugh. That was all sup- The SPEAKER pro tempore. Pursu- problems of people who eat that kind of posed to change on Monday when lib- ant to House Resolution 494 and rule food on a regular basis . . . those who

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8926 CONGRESSIONAL RECORD — HOUSE October 19, 2005 describe themselves as overweight are latures won’t legislate, then the trial considered by the Congress, which are no more likely than others to blame lawyers will litigate.’’ drafted to apply to private lawsuits, the fast-food industry for obesity-re- Madam Chairman, the Personal Re- and is a vast departure from the origi- lated health problems or to favor law- sponsibility in Food Consumption Act nal purpose of this bill and the prob- suits against the industry.’’ will help preserve the separation of lems it was designed to deal with. As one judge put it: ‘‘If a person powers, support the principle of per- Since the predecessor to H.R. 554 was knows or should know that eating copi- sonal responsibility, and help protect first introduced last term, 18 State leg- ous orders of supersized McDonald’s the largest private sector employer in islatures have enacted so-called cheese- products is unhealthy and may result the United States. I urge all my col- burger laws to prohibit certain claims in weight gain, it is not the place of leagues to support this important leg- from their courts. While most of those the law to protect them from their own islation. enacted apply retroactively, others, excesses.’’ Madam Chairman, I reserve the bal- that is, Kansas, Arizona, Colorado, do Even the Los Angeles Times has edi- ance of my time. not. Some provide for a stay of dis- torialized against such lawsuits, stat- Mr. WATT. Madam Chairman, I yield covery; others do not. Some establish ing: ‘‘If kids are chowing down to ex- myself such time as I may consume. affirmative defenses; others do not. cess on junk food, aren’t their parents Madam Chairman, I rise in opposi- That is our State law taking effect. responsible for cracking down? And if tion to this legislation. And as I said In short, in the considered judgment parents or other grown-ups over- the last time we debated it, I do not of each of these 18 State legislatures, indulge, isn’t it their fault, not that of rise because I am a supporter of frivo- laws have been enacted that best serve the purveyors of fast food? . . . Why lous lawsuits or lawsuits even that their States. The bill completely pre- boost their food bills just because of some of the people have used the legal empts those laws and brings to a legal jousting? People shouldn’t get system to pursue. I rise in opposition screeching halt the work of 26 other to the bill because I think it is an over- stuffed, but this line of litigation States that have been working on reaction; and, indeed, I think it is per- should.’’ pending legislation. It also disrupts the haps an ultimate attestation to the The threat posed to our national process in some States that have com- fact that many of my colleagues have economy is clear. Personal injury at- bined obesity bills with menu labeling lost confidence and faith in the legal torney and obesity lawsuit litigator requirements as part of their overall system on the one hand or that, regard- John Banzhaf said recently, ‘‘You may health enhancing legislative scheme. less of what the legal system does, if it not like it . . . but we’ll find a judge. What is the price that we are willing does not yield for them the result that And then we’ll find a jury’’ that will to pay to get the result that we are they are seeking, they are willing to find restaurants liable for their cus- seeking? Have we lost confidence in our compromise any principle that they tomers’ overeating. According to news State and Federal court systems that have professed to stand for to achieve reports of a recent legal conference, a have systematically thrown out most the result that they wish to achieve. panel of four lawyers argued that the H.R. 554 goes much further than its of the lawsuits that have been filed overweight lawsuit movement ‘‘would stated purpose of banning the small against the food industry using this need to extend beyond the obvious tar- handful of private suits brought ‘‘fat theory,’’ as it is commonly re- gets like restaurants, fast-food chains, against the food industry. It also bans ferred to? Have we lost confidence in and food manufacturers to bring about suits for harm caused by dietary sup- our whole federalist form of govern- substantial policy changes . . . ’’ plements and mislabeling, which have ment in which tort law has been par- Dr. Gerald Musante, a clinical psy- nothing to do with excess food con- ticularly the province of the States? chologist who trained at Duke Univer- sumption; and it would prevent State Have we lost confidence in our State sity Medical Center, has worked for law enforcement officials from bring- legislatures that are in the middle of more than 30 years with thousands of ing legal claims to enforce their own responding in their particular States to obese patients. He is the founder of the consumer protection laws. any problems that may be on the hori- Structure House, a residential weight Simply look at the provisions of the zon in this area? loss facility in Durham, North Caro- bill. Section 4(5) would prevent any We have instead cast ourselves as the lina. Dr. Musante said the following at legal action related to any ‘‘health imperial Congress because the same a hearing in the other body on this leg- condition that is associated with a per- people who came to this Congress, say- islation: ‘‘Through working with obese son’s weight gain or obesity.’’ ing that they believe in States rights, patients, I have learned that the worst have now shown they do not care about thing one can do is to blame an outside b 1045 States rights. What they want is a re- force to get themselves ‘off the hook,’ As a result, the bill would prevent sult that they can control and they can to say it’s not their fault and that they persons who develop heart disease and dictate. are a victim . . . Congress has rightly diabetes from dietary supplements That is really what this bill is about, recognized the danger of allowing such as Ephedra and Phen-fen from and it is unfortunately not only this Americans to continue blaming others being able to obtain redress if they bill. There is another bill right behind for the obesity epidemic. It is impera- gained weight. Even worse, the bill this one that will be up today or to- tive that we prevent lawsuits from bans these lawsuits in a retroactive morrow that does the same thing in being filed against any industry for an- way. So it would throw out dozens of the gun context. swering consumer demands.’’ Ephedra and Phen-fen cases currently So I do not think we are going to Even the chairman of the American pending before courts. This is a far cry hear a lot of people out here talking Council for Fitness and Nutrition, from the concerns that led to this leg- about this bill today. I do not see many Susan Finn, has written that ‘‘if you’re islation originally, some of which I people on the floor. It will be like a obese, you don’t need a lawyer; you have the same concerns about. tree falling in the forest. We do not need to see your doctor, a nutritionist, H.R. 554 would also prevent State law know whether it is having any impact and a physical trainer. Playing the enforcement officials from enforcing out there or not. We will pass it out of courtroom blame game won’t make their own laws. Under section 4(3), the here. It will become a political vehicle anyone thinner or healthier . . . ’’ bill applies to legal actions brought by to cozy up to the food industry, but at Besides threatening to erode values any ‘‘person,’’ and the term ‘‘person’’ is what price? At what price? of personal responsibility, the lawsuit defined to include any ‘‘governmental I would just say the people who campaign against the food industry entity.’’ That means States attorneys maintain that H.R. 554 is necessary to threatens the separation of powers. Na- general will be prevented from pur- make people responsible for their own tionally coordinated lawsuits seek to suing actions for deceptive practices choices and to thwart the unwarranted accomplish through litigation what has and false advertising and other prac- imposition of legal costs and fees on not been achieved by legislation and tices that are illegal against the food the food industry are just not being up- the democratic process. As one master- industry. front with us about this one. mind behind the lawsuits against the Again, this is a vast departure from This bill insulates an entire industry food industry has stated, ‘‘If the legis- most of the so-called tort reform bills from liability; and more importantly,

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8927 it undermines our State judicial and Mr. WATT. Madam Chairman, I yield try their cases and their issues in the legislative systems that should be and 5 minutes to the gentleman from Vir- legislative branch, rather than being are in the process of dealing with this ginia (Mr. SCOTT). stuck with the law that applies to ev- to the extent that they have identified Mr. SCOTT of Virginia. Madam erybody else. it as a problem. Chairman, I thank the gentleman for Mr. Chairman, trying cases in the In that sense, the bill represents yet yielding me time. legislative branch is bad policy. We another arrogant attempt by this Con- Madam Chairman, in addition to the should honor the rule of law and apply gress to impose its will on the States, violation of principles of federalism the law in all cases. There will always and I urge my colleagues to get a grip outlined by my colleague from North be special interests, but we should not and understand what we are about to Carolina, this piece of legislation is an- make special laws for those who can do here. There are some things that are other piece in which we are taking get to a Congressman to introduce a more important, and our judicial sys- upon ourselves the right to try a case bill on their behalf. Let us honor and tem is working its way through these in the legislative branch instead of re- respect the rule of law to be applied cases, is dismissing them where they specting the separation of powers by equally to all and reject this legisla- need to be dismissed; and where that is allowing cases to be tried in the judi- tion. not happening, our State legislatures cial branch where they belong. Mr. SENSENBRENNER. Mr. Chair- are taking care of this problem. This is Instead of respecting separation of man, I yield 3 minutes to the gen- not a Federal issue, nor should it be. powers and honoring the rule of law tleman from Utah (Mr. CANNON). I urge opposition to the bill. and standing behind the principle that Mr. CANNON. Mr. Chairman, I thank Madam Chairman, I reserve the bal- laws should be applied equally to all, the gentleman from Wisconsin for the ance of my time. we are once again giving special treat- time. Mr. SENSENBRENNER. Madam ment to special cases. Unfortunately, the food industry has The majority in Congress has appar- Chairman, I yield 2 minutes to the gen- been targeted by a variety of un- ently already decided the proper out- tleman from Ohio (Mr. CHABOT). founded legal claims which allege busi- come of these cases and is adjusting Mr. CHABOT. Madam Chairman, I nesses should pay monetary damages the law accordingly just for these and be subject to equitable remedies am pleased to be a cosponsor of this cases, rather than trusting our laws legislation that will help curtail frivo- based on novel legal theories of liabil- and our courts to hear evidence from ity for the overconsumption of its legal lous lawsuits. It is reassuring to see both sides and decide the cases on their the Congress is taking measures to products. merits. If these are losing cases, then Obesity is a problem in America, but help rid our court system of lawsuits let the judicial process make that deci- that are costly and hurt those con- it is not evident that the availability sion. Even if they are frivolous cases, of high-fat food or restaurants are the sumers and businesses in our country. the judicial branch has ways to sanc- Twelve million people in this country sole cause. A number of studies have tion people for bringing frivolous cases; shown that a lack of physical activity, are employed by businesses in the food but once again, special interests are re- industry, making it the Nation’s larg- that is, not exercising, has contributed ceiving, in these cases, special treat- to the rise of obesity and not solely est private sector employer. This is an ment. industry that has a direct impact on one’s caloric intake. Instead of having to go through the In the Subcommittee on Commercial the Nation’s economy, and these fast- courts like everybody else, where they and Administrative Law, which I food obesity lawsuits are opposed by do not know the outcome of the case chaired last Congress, we explored the nearly nine in 10 Americans. until evidence is presented and the law threat the food industry and its work- The idea that holding the food indus- is applied, these defendants will get to ers face from frivolous litigation, the try liable for the excess of some indi- try their cases in the legislative threat to personal responsibility posed viduals will combat obesity is un- branch, where popularity and politics by the proliferation of such litigation, founded. Individuals, not restaurants, prevail. Even financial contributions and the need for passage of the Per- are responsible for food choices that are allowed. sonal Responsibility in Food Consump- they make freely in their own daily Meanwhile, everyone else without tion Act. lives. special privileges is stuck trying their In addition, the food addressed by cases in the courts, where they have an b 1100 this legislation is legal and unadulter- unbiased judge and jury, instead of fa- Since the gentleman from Florida ated, and the rights of individuals to vorable politicians, and they are stuck (Mr. KELLER) introduced a similar bill pursue lawsuits resulting from claims with the same law that applies to ev- last year, 21 States have passed laws like the mislabeling of food or food erybody else. banning these so-called obesity law- safety issues is preserved. Our country This is not the only recent example suits. has a history of providing its citizens of special treatment. Just a few The opponents of this bill will claim with a safe and affordable food supply. months ago, we changed the law for that this shows that Congress should It is unacceptable to make arguments Terri Schiavo because her parents not intervene. In reality, it means we that certain types of food that are sold knew how to reach someone in Con- must. Without a complete ban on these in certain types of restaurants as a re- gress; and we ignored the multitude of frivolous lawsuits, rogue trial lawyers, sult of consumer demand are somehow judicial decisions that had already and I have many trial lawyers who are dangerous and that the average con- been decided, and we changed the law friends and who work very hard to get sumer must bear the burden in higher for that case, not cases like that, just the appropriate kind of compensation food costs because of the overindul- for that case. for people who are injured, but many of gence by some individuals who file A few years ago, in a child custody these rogue trial lawyers will forum these types of lawsuits. case in the Washington, DC, area that shop until they find a State and a dis- This bill is not about whether fast case was decided by special legislative trict that gets them the exorbitant food causes obesity. The bill is about language in a transportation appro- payday that they seek. self-responsibility. priations bill. The Committee on Edu- I would remind my colleagues that Today, the Congress of the United cation and the Workforce likewise con- John Banzhaf, an attorney who testi- States is saying to a select group of sidered a case on appeal between the fied last year against this bill, stated lawyers that laws are not intended to Department of Labor and a bank and in 2003, ‘‘Somewhere, there is going to protect people from these types of ex- voted to retroactively change the law be a judge and a jury that will buy this, cesses, from essentially eating too to fix the result on behalf of the bank. and once we get the first verdict, as we much, and the courtrooms were never Later today, as my colleague from did with tobacco, it will open the flood- meant for that reason. It is really pret- North Carolina has pointed out, the gates.’’ ty simple. If you eat too much, you get House will probably pass legislation to It is unlikely that lawsuits against fat. It is your fault. Do not try to fix the result in firearms legislation so food establishments over their menus blame somebody else. that the firearms industry will get to will make us healthier. Such lawsuits

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8928 CONGRESSIONAL RECORD — HOUSE October 19, 2005 will threaten thousands of jobs and, attempts to reach as far up the food gain can occur for a variety of medical more importantly, such lawsuits send chain as possible with unfounded reasons related to a variety of different the wrong message regarding personal claims seeking unjust enrichment. causes. choices and personal responsibility. Do While preventing frivolous claims, For example, I mean probably all of we want our kids growing up believing this legislation would protect legiti- us have had a mom or a grandmom or it is always someone else’s fault? mate lawsuits. It would allow claims to an uncle to whom we say, hey, I no- Mr. Chairman, it is not only impor- go forward in several circumstances, ticed your legs are swelling again. tant, but also fundamental that Ameri- including cases in which a State or Fluid retention. Fluid retention. Now, cans have access to courts to address Federal law was broken. Other types of that can be from a variety of causes. their legitimate wrongs and the harms food-related lawsuits not dealing with That is not from increased caloric in- that they cause. The trial bar serves an obesity would also be protected. take. That could have been, for exam- invaluable purpose in helping average The American public understands the ple, from a food additive, maybe a Americans gain rightful and propor- importance of this effort. According to cause that was not known to the public tionate compensation when harm is a recent Gallup poll, almost 90 percent of some kind of additive in something done. However, frivolous lawsuits such of Americans oppose holding res- that they had eaten or drank. It may as the ones this legislation seeks to taurant owners responsible for the have been something that interfered prevent serve only to undermine our diet-related health problems of regular with one of their medications and led legal system and those who truly need fast food consumers. to fluid retention. I am just making up its protections and the moral fiber of H.R. 554 is a common sense bill that hypotheticals here. Or, the hypo- Americans who should be self-reliant will protect legitimate businesses from thetical, perhaps you have something and responsible for their choices. frivolous lawsuits, and I urge my col- that is actually a heart poison from Mr. Chairman, I urge my colleagues leagues to support this important leg- some food additive that has no calories to support the underlying bill, H.R. 554. islation. in it, zero calories in it, but over a pe- Mr. WATT. Mr. Chairman, I reserve Mr. WATT. Mr. Chairman, I yield 5 riod of time does bad things to the abil- the balance of my time. minutes to the gentleman from Arkan- ity of your heart to function. The Mr. SENSENBRENNER. Mr. Chair- sas (Mr. SNYDER). pump does not work so well, you start man, I yield 3 minutes to the gen- Mr. SNYDER. Mr. Chairman, I appre- having fluid retention. What happens? tleman from Virginia (Mr. GOODLATTE), ciate this discussion today. The points You put on weight. As a family doctor, the chairman of the Committee on Ag- I want to make are really more in the one of the reasons when you go in, I riculture. spirit of questions. I come out of a would weigh people, as you want to see Mr. GOODLATTE. Mr. Chairman, I State legislative body where the pro- what is going on with their fluid sta- rise in strong support of H.R. 554, the ponents of a bill such as the gentleman tus. That is weight gain. Personal Responsibility in Food Con- from Wisconsin would have to undergo Under this bill, which I believe is so sumption Act, and I thank the gen- a rigorous, almost cross-examination. broadly written, it would include those tleman from Wisconsin for moving this We function here differently. But I do kinds of situations. The word ‘‘calorie’’ legislation to the floor. This legisla- have some questions, and I think I will or ‘‘caloric intake’’ or ‘‘caloric con- tion will help prevent frivolous law- just present them in my comments and tent’’ is nowhere in this bill, and I suits that allege that the consumption if somebody wants to comment on again refer my colleagues, it is not in of lawful food products caused injuries them they can. the bill itself, you have to go to the resulting from obesity or weight gain. I heard one of the previous speakers code, the term ‘‘food’’ means, articles The food service industry employs say, well, this is a simple bill. If you used for food or drink for man or other some 11.7 million people, making it the eat something and get fat, you should animals, chewing gum, and articles Nation’s largest employer outside of be responsible for it. I think that is the used for components of any such arti- the government. However, this vital in- attitude of the great majority of Amer- cle. dustry has recently come under attack icans, that you should be responsible Anything you drink, anything in it, by waves of lawsuits arguing that it for what you eat. But I want to make regardless of caloric intake, is covered should be liable for the misuse or two broad points. by this bill. Anything that leads to ‘‘over-consumption’’ of its legal food First of all, I want to read the defini- weight gain is covered by this bill, even products by others. tion of food, and it refers to another if it has nothing to do with caloric in- It is common sense that individuals section of code. It is very short. This is take. I think that is far abroad. I think should take responsibility for their from section 201(f), 21 U.S.C. 301, sec- this is probably one of the reasons why own dietary and eating habits. Unfor- tion 201(f). ‘‘The term ‘food’ means (1) it died in the Senate and will die again, tunately, trial lawyers have ulterior articles used for food or drink for man but I would encourage people to look at motives for these lawsuits. They have or other animals, (2), chewing gum, and these kinds of details if there is intent made their intentions quite clear, call- (3) articles used for components of any to move this bill forward. ing the fast food industry the next to- such article.’’ Mr. SENSENBRENNER. Mr. Chair- bacco. They estimate potential profits So we are having a discussion here man, I yield 2 minutes to the gen- of $40 billion from obesity-related law- today about the fact, as the previous tleman from Pennsylvania (Mr. MUR- suits. It is crucial that something be speaker had said, it is simple, you eat, PHY). done to guard against these aggressive you get fat, you should be responsible. Mr. MURPHY. Mr. Chairman, I thank attacks. The problem is, this bill language the chairman for yielding me this These ill-conceived lawsuits require makes no reference to only the caloric time. businesses to devote hard-earned dol- containing components of food. It is Mr. Chairman, opponents of this leg- lars to litigate unmerited claims. In very deliberately written I believe to islation have said we do not need this order to help ensure that America con- include all food additives, no matter bill. They said, we need a debate on tinues to be a good place to do busi- how small amounts, and the fact that health care, and I am pleased to engage ness, and to help create and maintain the great majority of food additives in that debate. I am reminded of the American jobs, it is important that we have zero caloric intake and would book that talks about everything I not allow opportunistic trial lawyers have no relationship to obesity, I think need to know in life I learned in kin- to extort money from legitimate com- that is a flaw in the bill. That leads to dergarten. I have learned a few things panies. the second point. here. This bill also protects our Nation’s The bill specifically mentions weight Lawsuits do not lower obesity rates. farmers and ranchers from the poten- gain and obesity. Well, I think most of Lawsuits do not improve the nutrition tially far-reaching effects of these law- us have a sense of what obesity is. habits of children. Lawsuits do not re- suits. American agriculture produces Weight gain is a whole different issue, duce the $127 million annual medical the safest, most affordable and abun- and weight gain may occur not from costs that our Nation incurs on obe- dant food supply in the world and obesity, not from getting fat, not from sity-related conditions in children and should be protected from trial lawyers’ putting on too many calories; weight the increase in obesity rates.

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8929 Mr. Chairman, parents need to teach I do not understand. We cannot be so their mistakes. Thanks to the welfare state, their children at early ages to eat intent on getting a particular result, so too many Americans believe they are entitled healthy meals and to establish exercise results-oriented that we disregard ev- to pass the costs of their mistakes on to a routines for their families. School dis- erything that we have set up in place third party—such as the taxpayers or a cor- tricts need to make sure they have to deal with problems of this kind: Our poration with ‘‘deep pockets.’’ gym classes and serve the right kinds judiciary, our State legislatures, our While I oppose the idea of holding food of food as an option. Proper diet and common sense. manufacturers responsible for their customers’ exercise will help reduce medical com- Mr. SCHWARZ of Michigan. Mr. Chairman, misuse of their products, I cannot support ad- plications that are increasingly com- I rise today in strong support of H.R. 554, the dressing this problem by nationalizing tort law. mon in children, such as hypertension, Personal Responsibility in Food Consumption It is long past time for Congress to recognize diabetes, high cholesterol, and heart Act. that not every problem requires a Federal so- disease which were once found almost As a physician, and just as someone who lution. This country’s founders recognized the exclusively in adults. can read the data, I can tell you that we have genius of separating power among Federal, In my years working as a psycholo- an epidemic of obesity in this country. Obesity State, and local governments as a means to gist and oftentimes consulting with is a serious health problem, with very serious maximize individual liberty and make govern- courts, I have yet to find a court that consequences. ment most responsive to those persons who can replace a parent. When will we The most important step we can take to learn we cannot litigate compassion, might most responsibly influence it. This sepa- curb obesity is to impart to everyone in this ration of powers strictly limits the role of the we cannot mandate common sense, and country that obesity can be controlled when we certainly cannot legislate personal Federal Government in dealing with civil liabil- we take personal responsibility. A healthy and ity matters; and reserves jurisdiction over mat- responsibility. consistent diet, with an adequate amount of H.R. 554 will do more than restrict ters of civil tort, such as food related neg- exercise, will work wonders. That’s the simple ligence suits, to the State legislatures. lawsuits against food and manufactur- truth. ers for weight-related cases. It forces We must get away from the notion there is Finally, Mr. Chairman, I would remind the us to take personal responsibility for anything remotely approaching a quick fix to food industry that using unconstitutional Fed- ourselves and our families and put a obesity. Maintaining a healthy lifestyle requires eral powers to restrict State lawsuits makes it priority on establishing healthy life- a life-long dedication to one’s own well-being. more likely those same powers will be used to styles. A lawsuit will not help anyone lose weight. Al- impose additional Federal control over the Here are the facts. If you touch a lowing consumers to sue their local restaurant, food industry. Despite these lawsuits, the flame, you are going to get burned. If to sue half the food industry, means that we number one threat to business remains a Fed- you eat a lot and do not exercise, you are telling our citizens, ‘‘It’s not your fault that eral government freed of its Constitutional re- are going to gain weight. We need to you are obese.’’ straints. After all, the Federal government im- take personal responsibility for that. Mr. Chairman, that’s the wrong tack to take. poses numerous taxes and regulations on the The bill before us directly protects I support this legislation because it sends the food industry, often using the same phony individual freedoms of all Americans message to everyone in the United States, ‘‘pro-consumer’’ justifications used by the trial from a tiny minority who try to ex- young and old, that taking control of your lawyers. Furthermore, while small business, ploit the legal system for personal weight is your responsibility, and taking per- such as fast-food franchises, can move to an- gain. I strongly support H.R. 554, and I sonal responsibility is the only way that weight other State to escape flawed State tax, regu- commend the chairman for his work. latory, or legal policies, they cannot as easily Mr. WATT. Mr. Chairman, I yield control can be achieved. I commend the gentleman from Florida, Mr. escape destructive Federal regulations. Un- myself such time as I may consume. constitutional expansions of Federal power, no This is where I think we are. Some of KELLER, and Chairman SENSENBRENNER, for matter how just the cause may seem, are not us are frustrated by some of the litiga- their work on this legislation, and I urge pas- in the interests of the food industry or of lovers tion that has taken place in this area. sage of the bill. of liberty. I said it when we debated this bill the Mr. PAUL. Mr. Chairman, Congress is once last time on the floor. I am not a fan of again using abusive litigation at the State level In conclusion, while share the concern over fat litigation either, but sometimes we as a justification nationalizing tort law. In this the lawsuits against the food industry that in- have to be patient enough in a legisla- case, the Personal Responsibility in Food spired H.R. 554, this bill continues the dis- tive body to let the institutions that Consumption Act (H.R. 554) usurps State ju- turbing trend of federalizing tort law. Enhanc- are supposed to work, work. They are risdiction over lawsuits related to obesity ing the power of the Federal government is in working. Most of the lawsuits that against food manufacturers. no way in the long-term interests of defenders have been filed in this area have been Of course, I share the outrage at the obesity of the free market and Constitutional liberties. dismissed. Most of them have been dis- lawsuits. The idea that a fast food restaurant Therefore, I must oppose this bill. missed. That is what the courts are for. should be held legally liable because some of Mr. HENSARLING. Mr. Chairman, I rise We do not always get the result we its customers over indulged in the restaurant’s today in support of H.R. 554, the Personal Re- want, but the courts are there to make products, and thus are suffering from obesity- sponsibility in Food Consumption Act. related health problems, is the latest blow to a determination of what results are ap- You may have heard about the overweight the ethos of personal responsibility that is fun- propriate and not under the laws that maintenance worker from New York, who damental in a free society. After all, McDon- exist. sued McDonald’s, Wendy’s, Burger King, and alds does not force anyone to eat at its res- The State legislatures are respond- KFC for causing his two heart attacks and dia- taurants. Whether to make Big Macs or salads ing. Mr. Chairman, there are 26 pending betes. Or the class-action lawsuit against the staple of one’s diet is totally up to the indi- laws out there in the States. A number McDonald’s where the lawyers named children vidual. Furthermore, it is common knowledge of them have different components, dif- as the defendants. ferent nuances. Some of them are ret- that a diet centering on super-sized cheese- roactive, some of them are not. What- burgers, French fries, and sugar-filled colas is These stories may sound funny, but the ever happened to our belief that the not healthy. Therefore, there is no rational facts show these types of frivolous lawsuits State legislatures, the States are a lab- basis for these suits. Some proponents of law- bankrupt businesses, deplete pensions, gouge oratory of good legislation? I thought suits claim that the fast food industry is ‘‘prey- consumers and deprive Americans with real that is what my colleagues who are ing’’ on children. But isn’t making sure that complaints access to their day in court. supporting this bill believed in more children limit their consumption of fast foods American consumers actually pay $1,200 heartily than anything else they came the responsibility of parents, not trial lawyers? more for goods and services every year be- to Congress to talk about. When it is Will trial lawyers next try to blame the manu- cause of lawsuit abuse. Studies also found convenient for them, when it is conven- facturers of cars that go above 65 miles per that the cost of litigation accounts for one-third ient for them, there is no more impor- hour for speeding tickets? of the price of an 8-foot aluminum ladder, it tant mantra to them than the mantra Congress bears some responsibility for the doubles the price of a football helmet, it adds of States rights. What are we doing to decline of personal responsibility that led to $500 to the sticker price of a new car, and in- States rights here, in an area that the obesity lawsuits. After all, Congress cre- creases the cost of a pacemaker by $3,000. throughout history has been the prov- ated the welfare state that popularized the no- We all end up paying a huge price for lawsuit ince of the States? tion that people should not bear the costs of abuse.

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00009 Fmt 7634 Sfmt 9920 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8930 CONGRESSIONAL RECORD — HOUSE October 19, 2005 But perhaps the most potentially disastrous cause the well-heeled McDonald’s Corporation SEC. 3. PRESERVATION OF SEPARATION OF POW- effect of frivolous lawsuits is the cost of Amer- doesn’t want to face a legitimate lawsuit for ERS. (a) IN GENERAL.—A qualified civil liability ac- ican jobs. American businesses are a con- false advertising. Many of the pending cases tion may not be brought in any Federal or State sistent target of frivolous claims, which bleed are for false advertising, claiming food is low court. the essential capital they need to create jobs. fat when it’s really not, and this bill is so (b) DISMISSAL OF PENDING ACTIONS.—A quali- And with such a lawsuit happy nation, many broadly worded that it would preclude such fied civil liability action that is pending on the companies simply choose to pack up shop cases from going forward. date of the enactment of this Act shall be dis- and move overseas. The threat of legitimate lawsuits against missed immediately by the court in which the At what point will we say enough is fast-food corporations is as much a part of action was brought or is currently pending. enough? At what point will we start supporting (c) DISCOVERY.— creating social change as is the threat of a (1) STAY.—In any action that is allegedly of personal responsibility and stop supporting Congressional investigation. I believe that both the type described in section 4(5)(B) seeking to personal injury lawyers? are equally legitimate and democratic. We impose liability of any kind based on accumula- Options on a menu do not lead to obesity, wouldn’t want judges to ban us from holding tive acts of consumption of a qualified product, but unhealthy habits do. At what point are we hearings and nor should we ban them from the obligation of any party or non-party to going to stop the frivolous lawsuits from per- hearing cases make disclosures of any kind under any appli- sonal injury trial lawyers that are simply trying Even more important than the issue of obe- cable rule or order, or to respond to discovery requests of any kind, as well as all proceedings to make an easy buck off of overweight Ameri- sity or Congressional meddling in the judicial cans? unrelated to a motion to dismiss, shall be stayed branch is the fundamental right of every Amer- prior to the time for filing a motion to dismiss Mr. Chairman, I urge all my colleagues to ican to have their day in court. Even if you eat and during the pendency of any such motion, pass H.R. 554. Let’s take a stand for personal 12 Big Macs a day, you have a right to plead unless the court finds upon motion of any party responsibility and freedom. Let’s stamp out your case before a judge. And the judge has that a response to a particularized discovery re- frivolous lawsuits. Let’s preserve the integrity the right to throw the case out, but Congress quest is necessary to preserve evidence or to pre- of our judicial system, and let’s stop personal has no business preemptively closing the vent undue prejudice to that party. injury trial lawyers from ripping off American (2) RESPONSIBILITY OF PARTIES.—During the courthouse doors to a particular group of pendency of any stay of discovery under para- consumers. Americans. Mr. HONDA. Mr. Chairman, I rise today to graph (1), the responsibilities of the parties with Mr. WATT. Mr. Chairman, I yield regard to the treatment of all documents, data express my concern that we are again dealing back the balance of my time. compilations (including electronically recorded with a notion that there is a crisis in our courts Mr. SENSENBRENNER. Mr. Chair- or stored data), and tangible objects shall be with obesity lawsuits. H.R. 554, the so-called man, I yield back the balance of my governed by applicable Federal or State rules of ‘‘Personal Responsibility in Food Consumption time. civil procedure. A party aggrieved by the failure Act’’ is a measure that seeks to give federal of an opposing party to comply with this para- The Acting CHAIRMAN (Mr. PUT- immunity to food manufacturers, sellers, and graph shall have the applicable remedies made NAM). All time for general debate has advertisers for obesity-related claims. The re- available by such applicable rules, provided that expired. ality is there is only one such pending suit in no remedy shall be afforded that conflicts with Pursuant to the rule, the committee the terms of paragraph (1). the entire country, so I am hard pressed to amendment in the nature of a sub- (d) PLEADINGS.—In any action that is alleg- see why we need to take up this measure stitute printed in the bill shall be con- edly of the type described in section 4(5)(B) today, especially since there are so many sidered as an original bill for the pur- seeking to impose liability of any kind based on other important issues we need to address. accumulative acts of consumption of a qualified pose of amendment under the 5-minute I do not think it is the role of the United product, the complaint initiating such action rule, and shall be considered read. States Congress to intervene in every indi- shall state with particularity— vidual and private issue in America. Our Na- The text of the committee amend- (1) each element of the cause of action; tion is plagued by childhood obesity and heart ment in the nature of a substitute is as (2) the Federal and State statutes or other follows: laws that were allegedly violated; disease, and we should be looking into real (3) the specific facts alleged to constitute the solutions to this problem, we should not be fo- H.R. 554 claimed violation of law; and cusing our efforts on getting rid of one lawsuit Be it enacted by the Senate and House of Rep- (4) the specific facts alleged to have caused currently pending against a fast food outlet. resentatives of the United States of America in the claimed injury. Furthermore, the language in H.R. 554 is so Congress assembled, (e) RULE OF CONSTRUCTION.—No provision of broad it would cut off legitimate claims against SECTION 1. SHORT TITLE. this Act shall be construed to create a public or the food industry, even where the industry This Act may be cited as the ‘‘Personal Re- private cause of action or remedy. acted to deceive the public and even where it sponsibility in Food Consumption Act of 2005’’. SEC. 4. DEFINITIONS. SEC. 2. FINDINGS; PURPOSE. In this Act: violated State or Federal law. For instance, (1) ENGAGED IN THE BUSINESS.—The term ‘‘en- those in the food industry who fraudulently or (a) FINDINGS.—Congress finds that— gaged in the business’’ means a person who deceptively market or sell low-fat products that (1) the food and beverage industries are a sig- manufactures, markets, distributes, advertises, are not really low-fat should be held account- nificant part of our national economy; or sells a qualified product in the person’s reg- able but this measure would let them off the (2) the activities of manufacturers and sellers ular course of trade or business. of foods and beverages substantially affect (2) MANUFACTURER.—The term ‘‘manufac- hook. Lawsuits aimed at unscrupulous tactics interstate and foreign commerce; help to change the behavior of the bad actors turer’’ means, with respect to a qualified prod- (3) a person’s weight gain, obesity, or a health uct, a person who is lawfully engaged in the in the industry we should allow our legal sys- condition associated with a person’s weight gain business of manufacturing the product. tem to process these legitimate cases. or obesity is based on a multitude of factors, in- (3) PERSON.—The term ‘‘person’’ means any Mr. Chairman, our legal system has multiple cluding genetic factors and the lifestyle and individual, corporation, company, association, procedural safeguards to ensure that frivolous physical fitness decisions of individuals, such firm, partnership, society, joint stock company, litigation is thrown out and that meritorious that a person’s weight gain, obesity, or a health or any other entity, including any governmental claims are preserved. That is why I oppose condition associated with a person’s weight gain entity. H.R. 554. or obesity cannot be attributed to the consump- (4) QUALIFIED PRODUCT.—The term ‘‘qualified tion of any specific food or beverage; and Mr. STARK. Mr. Chairman, I rise in opposi- product’’ means a food (as defined in section (4) because fostering a culture of acceptance tion to the Personal Responsibility in Food 201(f) of the Federal Food, Drug, and Cosmetic of personal responsibility is one of the most im- Act (21 U.S.C. 321(f))). Consumption Act because I don’t think that portant ways to promote a healthier society, (5) QUALIFIED CIVIL LIABILITY ACTION.— any industry should have the right to conduct lawsuits seeking to blame individual food and (A) IN GENERAL.—Subject to subparagraph its business without the oversight of the judi- beverage providers for a person’s weight gain, (B), the term ‘‘qualified civil liability action’’ cial system. What the lawyer-bashers don’t obesity, or a health condition associated with a means a civil action brought by any person want you to know is that frivolous lawsuits, by person’s weight gain or obesity are not only le- against a manufacturer, marketer, distributor, definition, get thrown out of court. In other gally frivolous and economically damaging, but advertiser, or seller of a qualified product, or a words, the much-feared million-dollar settle- also harmful to a healthy America. trade association, for damages, penalties, de- (b) PURPOSE.—The purpose of this Act is to claratory judgment, injunctive or declaratory ment for someone who eats 12 Big Macs a allow Congress and regulatory agencies to deter- relief, restitution, or other relief arising out of, day is not going to happen. mine appropriate laws, rules, and regulations to or related to a person’s accumulated acts of con- That’s why there are only a few obesity address the problems of weight gain, obesity, sumption of a qualified product and weight cases in court right now and why the only rea- and health conditions associated with weight gain, obesity, or a health condition that is asso- son we’re considering this bill today is be- gain or obesity. ciated with a person’s weight gain or obesity,

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00010 Fmt 7634 Sfmt 6333 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8931 including an action brought by a person other Page 5, line 13, insert ‘‘and the specific in America. And, in essence, where you than the person on whose weight gain, obesity, facts alleged to satisfy each element of the end up is that lawyers who represent or health condition the action is based, and any cause of action’’ before the semicolon. people who are claiming to have a derivative action brought by or on behalf of any Page 5, line 15, strike ‘‘were allegedly vio- cause of action are not only now, under person or any representative, spouse, parent, lated;’’ and insert ‘‘allegedly create the child, or other relative of that person. cause of action; and’’. this language, called upon to represent (B) EXCEPTION.—A qualified civil liability ac- Page 5, line 16, strike ‘‘the specific facts’’ their clients and make a reasonable ef- tion shall not include— and all that follows through the end of line fort to determine whether there is a (i) an action based on allegations of breach of 19 and insert ‘‘the section 4(5)(B) exception basis for their claim, they have to be express contract or express warranty, provided being relied upon and the specific facts that the jury also. They have to go out and that the grounds for recovery being alleged in allegedly satisfy the requirements of that decide, are there enough facts here on such action are unrelated to a person’s weight exception.’’. each and every cause of action against gain, obesity, or a health condition associated The Acting CHAIRMAN. Pursuant to with a person’s weight gain or obesity; each and every defendant to win this (ii) an action based on allegations that— House Resolution 494, the gentleman case and win it profoundly. They have (I) a manufacturer or seller of a qualified from Wisconsin (Mr. SENSENBRENNER) to allege specific facts. product knowingly violated a Federal or State and the gentleman from North Caro- I mean, that is the kind of stuff that statute applicable to the marketing, advertise- lina (Mr. WATT) each will control 5 normally gets done at a trial if a case ment, or labeling of the qualified product with minutes. even gets that far. Most of these cases intent for a person to rely on that violation; The Chair recognizes the gentleman are being dismissed really. So most of (II) such person individually and justifiably from Wisconsin (Mr. SENSENBRENNER). relied on that violation; and them are not going to get that far any- (III) such reliance was the proximate cause of Mr. SENSENBRENNER. Mr. Chair- way. injury related to that person’s weight gain, obe- man, I yield myself such time as I may But I am not sure what role dis- sity, or a health condition associated with that consume. covery or any other aspect of our legal person’s weight gain or obesity; or Mr. Chairman, this manager’s process is playing anymore if we pass (iii) an action brought by the Federal Trade amendment makes technical changes this manager’s amendment. This is Commission under the Federal Trade Commis- to the section of the bill that sets forth much, much more than a technical sion Act (15 U.S.C. 41 et seq.) or by the Federal the information plaintiffs must provide Food and Drug Administration under the Fed- amendment. This is a very substantive eral Food, Drug, and Cosmetic Act (21 U.S.C. in order for a judge to determine amendment. And, unfortunately, I 301 et seq.). whether the lawsuit is banned by the think it makes a bill that is already a (6) SELLER.—The term ‘‘seller’’ means, with bill or allowed to go forward under one very, very bad bill, it makes it a very, respect to a qualified product, a person lawfully of the bill’s exceptions. very, very bad bill. I oppose this engaged in the business of marketing, distrib- These minor changes are meant to amendment. uting, advertising, or selling a qualified prod- provide a judge with a clear under- Mr. Chairman, I yield back the bal- uct. standing of the type of information the ance of my time. (7) STATE.—The term ‘‘State’’ includes each of judge is to consider in deciding a mo- Mr. SENSENBRENNER. Mr. Chair- the several States of the United States, the Dis- trict of Columbia, the Commonwealth of Puerto tion to dismiss under H.R. 554. man, I yield back the balance of my Rico, the Virgin Islands, Guam, American The pleading provision in H.R. 554 is time. Samoa, and the Commonwealth of the Northern meant to apply to any action claiming The Acting CHAIRMAN. The ques- Mariana Islands, and any other territory or obesity-related damages, and this tion is on the amendment offered by possession of the United States, and any polit- amendment makes clear that the the gentleman from Wisconsin (Mr. ical subdivision of any such place. pleading requirements will apply to all SENSENBRENNER). (8) TRADE ASSOCIATION.—The term ‘‘trade as- cases seeking obesity-related damages. The amendment was agreed to. sociation’’ means any association or business or- Also adding the phrase ‘‘for each de- The Acting CHAIRMAN. It is now in ganization (whether or not incorporated under order to consider amendment No. 2 Federal or State law) that is not operated for fendant and cause of action’’ clarifies profit, and 2 or more members of which are man- that a judge must apply H.R. 554’s printed in House Report 109–249. ufacturers, marketers, distributors, advertisers, pleading requirements to each specific AMENDMENT NO. 2 OFFERED BY MS. JACKSON- or sellers of a qualified product. claim. This prevents a plaintiff from LEE OF TEXAS The Acting CHAIRMAN. No amend- improperly using a claim that is not Ms. JACKSON-LEE of Texas. Mr. ment to the committee amendment is barred by H.R. 554 as a means of pur- Chairman, I offer an amendment. in order except those printed in House suing obesity-related claims that are The Acting CHAIRMAN. The Clerk Report 109–249. Each amendment may barred by the bill against the same or will designate the amendment. be offered only in the order printed in other defendants. This change would The text of the amendment is as fol- the report, by a Member designated in prevent entire industries from being lows: the report, shall be considered read, ensnared in lawsuits where the rel- Amendment No. 2 offered by Ms. JACKSON- evant facts relate to only one com- LEE of Texas: shall be debatable for the time speci- Page 6, line 24, insert after ‘‘trade associa- fied, equally divided and controlled by pany. tion,’’ the following: ‘‘or a civil action the proponent and an opponent of the Finally, other technical changes brought by a manufacturer or seller of a amendment, shall not be subject to would simply ensure consistency by qualified product, or a trade association, amendment and shall not be subject to using the same terms in the pleading against any person,’’. a demand for division of the question. sections as are used elsewhere in the The Acting CHAIRMAN. Pursuant to It is now in order to consider amend- bill. House Resolution 494, the gentlewoman ment No. 1 printed in House Report I would ask all of my colleagues to from Texas (Ms. JACKSON-LEE) and the 109–249. support these common sense, technical gentleman from Utah (Mr. CANNON) amendments. b 1115 each will control 5 minutes. Mr. Chairman, I reserve the balance The Chair recognizes the gentle- AMENDMENT NO. 1 OFFERED BY MR. of my time. woman from Texas (Ms. JACKSON-LEE). SENSENBRENNER Mr. WATT. Mr. Chairman, I yield Ms. JACKSON-LEE of Texas. Mr. Mr. SENSENBRENNER. Mr. Chair- myself such time as I may consume. Chairman, I yield myself such time as man, I offer an amendment. Mr. Chairman, normally when we see I may consume. The Acting CHAIRMAN (Mr. PUT- a manager’s amendment come to the Mr. Chairman, let me thank my dis- NAM). The Clerk will designate the floor, it is an improving amendment. tinguished ranking member of the sub- amendment. Unfortunately this one makes a bad committee, the gentleman from North The text of the amendment is as fol- bill actually worse than it was origi- Carolina (Mr. WATT) both for his kind- lows: nally drawn, and it does so in this way. liness and his astuteness. Amendment No. 1 offered by Mr. SENSEN- There are already pleading require- Let me thank the chairman of the BRENNER: ments in every State, and basically full committee, the gentleman from Page 4, line 8, strike ‘‘(B)’’. Page 5, line 9, strike ‘‘(B)’’. what this amendment does is make Wisconsin (Mr. SENSENBRENNER), and Page 5, line 12, insert ‘‘for each defendant those pleading requirements higher for the ranking member of the full com- and cause of action’’ before the dash. the food industry than for anybody else mittee, the gentleman from Michigan

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8932 CONGRESSIONAL RECORD — HOUSE October 19, 2005 (Mr. CONYERS), which gives me a They took Ms. Winfrey to court, the My amendment insures that what’s good for chance to catch my breath. trial lawyers, but neglect the the geese is good for the gander. Those ad- We were in a Homeland Security straggering costs that may be borne by vancing healthy diets by discouraging the con- hearing which is going on, as many of private citizens should they dare ques- sumption of certain foods because of their ad- my colleagues know, assessing the cir- tion the health effects of any qualified verse effects on a person’s health and weight cumstances with Hurricane Rita and food product under this bill. Where are gain should not be subject to litigation from Hurricane Katrina. the first amendment rights and con- the food industry while it stands immunized I know the gentleman from Wis- sumer rights? My amendment ensures from any accountability under this bill. consin (Mr. SENSENBRENNER) is well that what is good for the geese is good I don’t recall any hue and cry in this body aware of great intention in our com- for the gander. Those advancing during or in the aftermath of the lawsuit mittee to always work together, and so healthy diets by discouraging the con- against Ms. Winfrey to ban food libel laws. I offer this amendment recognizing sumption of certain foods, their right, The system worked. But if we are to end the that my colleagues will consider this their constitutional right, even though public’s right to a jury trial on issues of food as an opportunity to work together. I come from a beef State, because of safety, we cannot end the public’s right to One could argue that in the backdrop their adverse effects perceived on a freedom of speech by leaving food critic who of Hurricane Wilma now reaching a person’s health and weight gain, should play an important role in educating the public, Category 5, that this Congress should not be subjected to litigation from the stimulating positive change, and promoting be addressing many, many other issues, food industry while it stands immu- sound eating habits open to lawsuits from an particularly enhanced funding for nized from any accountability under immunized industry. homeland security, and, of course, how this bill. This amendment addresses this concern we can do things better. Again, I wish we were on the floor and insures that every American can engage This legislation that is before us talking about restoring the drastic in or has access to an open and honest de- needs to be improved. My amendment cuts in the budget reconciliation bill bate on matters of public health. Once again, Mr. Chairman, I urge my col- would prohibit the food industry, that deal with health care and deal with housing and deal with the various leagues to support my amendment. which enjoys broad immunity under Mr. CANNON. Mr. Chairman, I yield this bill, from initiating lawsuits issues of education and special grants to help the least of those, but we are on myself such time as I may consume. against any person for damages or Mr. Chairman, the amendment was the floor talking about McDonald’s and other relief due to injury or potential defeated last year on the floor by voice Burger King, certainly friends of young injury based on a person’s consumption vote. It should be defeated again this of a qualified product, and weight gain, parents who, through their professions year. This amendment would add to obesity, or any health condition that is and other responsibilities did a lot of the list of qualified civil liability ac- associated with a person’s weight gain eating at Burger King and McDonald’s, tions that cannot be brought under the or obesity. but it does not in any way give them bill, civil actions brought by a manu- In essence, this is an amendment to the privilege of denying consumer facturer or seller of a qualified product protect against consumer retaliation. rights and the rights of consumers not or trade association against any person My colleagues realize that this par- to be retaliated against because they for obesity-related claims. ticular bill, whether or not it rises to have expressed their viewpoint and the Whatever the rhetorical purpose the the level of a national crisis or even rights of the first amendment. sponsor of this amendment seeks to ac- needs fixing, really immunes, if you I do not recall any hue and cry in complish, it should be defeated because will, the vast fast food industry. this body during or in the aftermath it is badly drafted, and in the context Now, those of us who have raised against Ms. Winfrey to ban food liabil- of the bill, its application would be children during this timeframe will ity suits. The system worked. But if we nonsensical. The bill only operates to never know until the final tests are in, are to end the public’s right to a jury prohibit lawsuits brought by people be- studies are done 10 and 20 years from trial on issues of food safety, we cannot cause they ate too much and got fat. now, as to whether or not the eating of end the public’s right to freedom of The amendment would add corpora- fast food that many of us took our speech by leaving food critics, who play tions to the list of those who cannot young children to for play and excite- an important role in educating the sue because they got fat. But whatever public, as I close, stimulating positive ment, is going to be long-lasting in its the intent of the amendment is, the change on good sound eating habits. damage. fundamental problem is that corpora- I ask my colleagues to support this But yet we believe that this industry tions cannot gain weight and suffer amendment. now needs a blanket protection from from obesity, which is the term used in Mr. Chairman, this amendment would pro- the bill. A corporation, for example, those who may be negatively impacted, hibit the food industry—which enjoys broad obesity, weight gain or any other cannot eat too much and a trade asso- immunity under this bill—from initiating law- ciation cannot gain weight over the health problems. Yet there is no simi- suits against any person for damages or other lar protection against consumers who holidays. relief due to injury or potential injury based on For all of these reasons this amend- may desire to petition these griev- a person’s consumption of a qualified product ment should be defeated. ances. and weight gain, obesity, or any health condi- Mr. Chairman, I yield the balance of It allows the industry to willy-nilly tion that is associated with a person’s weight my time to the gentleman from Texas and randomly sue consumers. This gain or obesity. (Mr. SMITH). amendment is necessary to ensure that This amendment is necessary to insure that Mr. SMITH of Texas. Mr. Chairman, I the public debate on the health and nu- the public debate on the health and nutritious oppose this amendment but support the tritious effects of mass-marketed food effects of mass marketed food products is not underlying bill, H.R. 554, the Personal and products is not completely completely squelched by this bill. Responsibility in Food Consumption quelched by this bill. In 1996, Oprah Winfrey was sued under my Act. In 1996, Oprah Winfrey was sued home State’s ‘‘food disparagement’’ laws by It is an important piece of legislation under my home State’s food disparage- the beef industry for comments she made fol- that continues a series of tort reform ment laws by the beef industry for lowing the first ‘‘Mad cow’’ scare this country measures considered in Congress this comments she made following the first witnessed. After years of litigation, transfer of year. We passed this bill during the mad cow scare this country witnessed, her television show to Texas, and an expendi- 108th Congress, and we should pass it albeit she was denied her first amend- ture of over one million dollars, Ms. Winfrey again today. I am an original cosponsor ment rights. prevailed at trial and on appeal. of H.R. 554, which will prevent a few After years of litigation in my State, Proponents of this bill assert that the food lawyers from seeking to destroy an- transfer of her television show to Texas industry will incur significant cost defending other industry that employs millions and expenditure of over $1 million, Ms. ‘‘frivolous’’ lawsuits by the trial lawyers, but of people and provides a welcome serv- Winfrey prevailed at trial and on ap- neglect the staggering costs that may be ice to individuals who choose to use it. peal. Proponents of this bill assert that borne by private citizens should they dare In general, the bill prohibits weight the food industry will incur significant question the health effects of any ‘‘qualified gain related claims against the food in- costs defending frivolous lawsuits. food product’’ under this bill. dustry. It allows such claims only

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8933 where a person gained weight as a re- The question was taken; and the Act- adolescents. But apparently few here in sult of the food industry breaking a ing Chairman announced that the noes Washington seem to have taken notice State or Federal law. I remember in appeared to have it. or cared, and predictably rates have 2002, when individuals filed a lawsuit Ms. JACKSON-LEE of Texas. Mr. continued to rise across the country. against McDonald’s alleging that the Chairman, I demand a recorded vote. Today, one in three children is over- fast food chain had made them over- The Acting CHAIRMAN. Pursuant to weight. Yes, Mr. Chairman, I said one weight and unhealthy. clause 6 of rule XVIII, further pro- in three, almost 35 percent. And what I remember thinking that people ceedings on the amendment offered by has been Congress’s response to the should take responsibility for their the gentlewoman from Texas (Ms. growing epidemic? Has it provided own eating habits. But it is no longer JACKSON-LEE) will be postponed. more funding for obesity awareness or just one suit against one company. The Acting CHAIRMAN. The Com- tried to implement programs to im- Now there are suits against all types of mittee will rise informally. prove nutrition in schools? No. Instead, the 900,000 restaurants in the food in- The SPEAKER pro tempore (Mr. Congress brings forwards a bill to im- dustry from small local eateries to TERRY) assumed the Chair. munize fast food companies. Where is the logic? giant fast food chains. f We must set a limit as to what litiga- Those supporting the bill talk about tion is allowed. A nonfrivolous claim MESSAGE FROM THE SENATE choice, the freedom to eat. Well, we are should proceed, but a suit dictating the A message from the Senate by Ms. talking about young children and, of food choices of Americans should be Curtis, one of its clerks, announced course, we want them to eat correctly, stopped before it is even filed. that the Senate has passed a bill of the healthy, and that is not the primary The reality is that restaurant meals following title in which the concur- responsibility of the fast food industry. will change according to what people rence of the House is requested: Childhood obesity is best tackled at home through improved parental in- prefer to eat. In recent years we have S. 1886. An act to authorize the transfer of seen fast food chains add more healthy naval vessels to certain foreign recipients. volvement, increased physical exercise, choices, like salad and fruit, to their better diet and restraint from eating. The SPEAKER pro tempore. The However, as a parent, as a grand- menus, but people should have the free- Committee will resume its sitting. parent, as a former educator, I know dom to eat what they want. f that these practices alone when we are b 1130 PERSONAL RESPONSIBILITY IN dealing with young children are insuffi- Mr. Chairman, we should encourage FOOD CONSUMPTION ACT OF 2005 cient. We will never control this rising epidemic without greater account- personal responsibility and healthy The Committee resumed its sitting. eating in our society, but we should ability from the food industry. The Acting CHAIRMAN (Mr. PUT- not encourage lawsuits that blame oth- Congress is headed in the wrong di- NAM). It is now in order to consider ers for our own choices and that could rection with this bill which removes amendment No. 3 printed in House Re- any and all incentives from the food in- bankrupt entire industries. Because port 109–249. Americans should have the freedom to dustry to improve their products for eat what they want and because we AMENDMENT NO. 3 OFFERED BY MR. FILNER children. Congress has allowed the should take responsibility for our own Mr. FILNER. Mr. Chairman, I offer greed of big corporations to come be- actions, I support the passage of the an amendment. fore the need of our children. Today, the younger generation faces a litany Personal Responsibility in Food Con- The Acting CHAIRMAN. The Clerk of health issues that generations before sumption Act. will designate the amendment. just never did. Heart disease, high Mr. CANNON. Mr. Chairman, how The text of the amendment is as fol- blood pressure, hypertension, joint much time remains? lows: problems, asthma, diabetes and cancer The Acting CHAIRMAN (Mr. PUT- Amendment No. 3 offered by Mr. FILNER: are on the increase with these young NAM). The gentleman from Utah has 2 At the end of the bill, add the following children; and a steady diet of fast food minutes remaining. new section: is the last thing they need. Unfortu- Mr. CANNON. Mr. Chairman, I yield 1 SEC. ll. LIMITATION. nately, fast food restaurants are bom- minute to the gentlewoman from Texas Notwithstanding any other provision of this Act, this Act does not apply to an action barding our children with advertise- (Ms. JACKSON-LEE). brought by, or on behalf of, a person injured ments that encourage overconsumption Ms. JACKSON-LEE of Texas. Mr. at or before the age of 8, against a seller of unhealthy eating choices. Chairman, I simply ask the question, that, as part of a chain of outlets at least 20 The average child views 20,000 tele- in this bill consumers are left vulner- of which do business under the same trade vision commercials every year. That is able, and I would ask the gentleman name (regardless of form of ownership of any about 55 a day. More disturbingly, the would he not work with me in this outlet), markets qualified products to mi- nors at or under the age of 8. commercials for candy, snacks, sugared amendment to ensure that they are not cereals and other food with poor nutri- left vulnerable as we are protecting our The Acting CHAIRMAN. Pursuant to tional content far out-number commer- fast-food industry? House Resolution 494, the gentleman cials for more healthy food choices. So Mr. CANNON. Mr. Chairman, will the from California (Mr. FILNER) and the it is not just a matter of individual re- gentlewoman yield? gentleman from Utah (Mr. CANNON) sponsibility, of individual choice when Ms. JACKSON-LEE of Texas. I yield each will control 5 minutes. we are talking about young children to the gentleman from Utah. The Chair recognizes the gentleman under 8. Mr. CANNON. I am not sure when we from California (Mr. FILNER). Studies indicate that these children would work together on the amend- Mr. FILNER. Mr. Chairman, the pur- are more susceptible to advertising and ment. I suppose perhaps in conference pose of this amendment today is two- even less likely to understand the pur- we could work on the issue, but I am fold: one, to protect young children pose of this advertising. So why is so loath to commit the chairman to that and, two, to force better accountability much advertising at home done during process. from the fast food industry. the cartoon hours? It is no coincidence Ms. JACKSON-LEE of Texas. I thank My amendment exempts those 8 that major fast food chains routinely the gentleman. I just want to acknowl- years of age and under from the provi- run their advertisements during this edge that the bill does not protect con- sions of this bill as it relates to fast time. Experts in this field unequivo- sumers, and I ask Members to support food restaurants. cally state that the fear of litigation my amendment. Mr. Chairman, in 2001 the U.S. Sur- and regulation prompts the industry to Mr. CANNON. Mr. Chairman, I yield geon General proclaimed childhood rethink how it markets and sells food back the balance of my time. obesity a health issue rivaling ciga- to children. This has been evidenced by The Acting CHAIRMAN. The ques- rette smoking. The Surgeon General some of the recent changes made with- tion is on the amendment offered by further stated that the rate of over- in the industry. the gentlewoman from Texas (Ms. weight children in America doubled in Unfortunately, the bill as presently JACKSON-LEE). the past 20 years and tripled among its written forecloses the opportunity to

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8934 CONGRESSIONAL RECORD — HOUSE October 19, 2005 hold the industry accountable and thus tisements for the fast food industry. The Acting CHAIRMAN. Pursuant to puts any future improvements in jeop- Throwing out red herrings, probably House Resolution 494, the gentleman ardy, assuring continued high rates of which would not give us obesity, about from Virginia (Mr. SCOTT) and the gen- childhood obesity, leaving me to won- families becoming millionaires and all tleman from Utah (Mr. CANNON) each der whether we in Congress are here to this stuff. It is just a side show. will control 5 minutes. represent the people or big business. We are talking about young children. The Chair recognizes the gentleman The bill is entitled Personal Respon- Sure, they ought to make the right from Virginia (Mr. SCOTT). sibility in Food Consumption Act. Per- choice and, sure, their parents ought to Mr. SCOTT of Virginia. Mr. Chair- sonal responsibility is a two-way make the right choices; but the pres- man, I yield myself such time as I may street: both the consumer and the ex- sure is on them through television. consume. ecutives of the industry, both should Parents cannot always be there. The Mr. Chairman, we have apparently act in a personally responsible manner. schools are bringing in the fast food decided to try these kinds of cases on So I ask my colleagues to join me in restaurants so they can make some the floor of the House where politics supporting this amendment to hold more money and they encourage it. and popularity will be considered, even fast food companies accountable and to And lastly and most importantly, the financial contributions will be allowed, protect our young children. advertising that is aimed at these chil- rather than have those cases and spe- Mr. Chairman, I reserve the balance dren: Where is the responsibility for cial interests relegated to the judicial of my time. the adults who are running these ad- branch where they will be facing unbi- Mr. CANNON. Mr. Chairman, I yield vertisements? They are aimed at our ased judges and juries and relegated to myself such time as I may consume. children. the same laws that apply to everybody The gentleman makes a valid point Mr. CANNON. Mr. Chairman, I yield else. But if we are going to try the that we have a lot of obese children. I myself the balance of my time. cases, we ought to at least limit the think it is actually more like 40 per- Mr. Chairman, I urge my colleagues impact of the bill to the fast food rhet- cent in some recent studies I have seen. to defeat this amendment. There is a oric that we have heard. This is a terrible problem, but I urge problem in America. There is no ques- This bill, unfortunately, covers not the Members to defeat this amend- tion but that there is a problem. We do only fast food lawsuits but also litiga- ment. It was defeated by voice vote not solve that problem by shifting re- tion involving consumer protection last year, and it should be defeated sponsibility to corporations. It would when obesity or weight gain may be again this year. be good if corporations did perfect one of the elements of the case. The gentleman from California (Mr. things, but we live in an imperfect Now, every single State has laws on FILNER) also talks about the account- world where parents have the ability to the books to protect its consumers. ability of the food industry; but this turn off the television, parents have Every State has laws to protect con- amendment tells parents that if they the ability to teach their children what sumers from misleading practices and are not responsible for their children’s to eat and how to eat well. And, inter- each attorney general has the power to eating, they can become millionaires. estingly, food that is better for you ac- enforce these laws. But unfortunately This amendment manages to exploit tually costs less. as written, the bill will prevent State children and discourages parents from Parents have the ability to deal with attorneys general from enforcing those exercising parental responsibility all these issues in ways that this Congress laws. It will not just stop the indi- at the same time. It literally would and industry cannot do. I urge my col- vidual fast food lawsuits that my col- hold food companies liable when par- leagues to reject this amendment. leagues have been discussing, but be- ents buy their kids a six-pack of kid Mr. Chairman, I yield back the bal- cause a person who may be a plaintiff meals every day for 8 years. Adopting ance of my time. is defined in the bill to include govern- this amendment would turn the Per- The Acting CHAIRMAN. The ques- mental agencies, it will prevent States sonal Responsibility in Food Consump- tion is on the amendment offered by from getting injunctions, cease and de- tion Act into the Parent Irrespon- the gentleman from California (Mr. sist orders, or imposing fines against sibility Act. FILNER). those who endanger consumers. Even the ultra-liberal Los Angeles The question was taken; and the Act- It is important to note that not only Times has stated this is wrong, saying ing Chairman announced that the noes money damages are precluded by the in an editorial: ‘‘If kids are chowing appeared to have it. bill. Rather, the bill refers to damages, down to excess on junk food, aren’t Mr. FILNER. Mr. Chairman, I de- penalties, injunctive or declaratory re- their parents responsible for cracking mand a recorded vote. lief, restitution or other relief, all are down? And if parents and other grown- The Acting CHAIRMAN. Pursuant to prohibited forms of relief that will no ups overindulge, isn’t it their problem, clause 6 of rule XVIII, further pro- longer be available to State attorneys not that of the purveyors of fast food? ceedings on the amendment offered by general if this bill passes without my Why boost their food bills because of il- the gentleman from California (Mr. amendment. legal jousting? People shouldn’t get FILNER) will be postponed. The exception for a ‘‘knowing’’ viola- stuffed, but this line of litigation It is now in order to consider amend- tion is not enough. State deceptive should.’’ ment No. 4 printed in House Report practices are just like the Federal Even our best obesity doctors realize 109–249. Trade Commission Act. They allow that this amendment is another sad as- AMENDMENT NO. 4 OFFERED BY MR. SCOTT OF civil enforcement actions whether or sault on the concept of parental re- VIRGINIA not the defendant willfully or know- sponsibility. As Dr. Jana Klauer, a fel- Mr. SCOTT of Virginia. Mr. Chair- ingly violated the law. In fact, food la- low at the New York City Obesity Re- man, I offer an amendment. beling and deceptive practices have search Center of St. Luke’s Roosevelt The Acting CHAIRMAN. The Clerk often exacted strict liability, that is, if Hospital has said, ‘‘I just wonder where will designate the amendment. the government can get an injunction were the parents when kids were hav- The text of the amendment is as fol- whether the person was intentionally ing these McDonald’s breakfasts every lows: or knowingly in violation. morning. Were they incapable of pour- Amendment No. 4 offered by Mr. SCOTT of Mr. Chairman, my State of Virginia ing a bowl of cereal and some milk?’’ Virginia: has the Consumer Protection Act. It Let us do what we did last year and At the end of the bill, add the following prohibits misrepresenting that goods defeat this parental irresponsibility new section: or services have certain qualities, char- amendment by voice vote. SEC. ll. STATE CONSUMER PROTECTION AC- acteristics, ingredients, uses or bene- Mr. Chairman, I reserve the balance TIONS. fits that they do not have, and any Notwithstanding any other provision to other conduct which similarly creates of my time. the contrary in this Act, this Act does not Mr. FILNER. Mr. Chairman, I yield apply to an action brought by a State agency a likelihood of confusion or misunder- myself the balance of my time. to enforce a State consumer protection law standing. A court may order an injunc- Mr. Chairman, my friend from Utah concerning mislabeling or other unfair and tion or restitution to injured parties (Mr. CANNON) should be writing adver- deceptive trade practices. even if the violation was unintentional.

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8935 In fact, Virginia is not alone. At Mr. Chairman, I reserve the balance claiming that their products cause least 12 other States have specifically of my time. someone to become obese. I can under- adopted the Uniform Deceptive Trade Mr. SCOTT of Virginia. Mr. Chair- stand their reasoning, because there is Practices Act, section 3, which says man, in closing let me just say that, as a sense of personal responsibility in- that intentional deceptive action is not the gentleman from Arkansas, who is a volved. But what my amendment would necessary to get injunctive relief. physician, indicated, weight gain can do is to limit that language so it is not b 1145 be caused by contamination or other so broad as to include what are called problems, even if that contamination ‘‘dietary supplements,’’ because some At least 23 other States have similar was unknowing. Under this bill, the at- of these products are not like food. standards. torney general would not be able to get They are not reviewed by the FDA. So, Mr. Chairman, my amendment an injunction. We should trust our They are not even subject to FDA that I present today will address that States attorneys general and consumer intervention, unless they can show real problem in the bill. It will ensure that protection agencies to do the right harm being done, and we have had ex- attorneys general and State agencies thing and not prohibit them from pro- amples of ephedra and andro that have can put an end to mislabeling, to de- tecting our citizens. been withdrawn from the market be- ceptive practices, to false advertising, Mr. Chairman, I would hope the cause they caused serious injury, or and other consumer fraud within the amendment would be adopted. DHEA, which is a steroid precursor. borders of the State. Whatever we Mr. Chairman, I yield back the bal- The bill authors would say that they think of the individual fast food law- ance of my time. want to protect from lawsuits when suits, we should not prohibit State at- Mr. CANNON. Mr. Chairman, in clos- people say they have gained weight or torneys general from enforcing States ing, let me just say that we have con- there is obesity or health conditions laws and protecting their citizens. sumer protection laws. This bill is not associated with a person’s weight gain Mr. Chairman, I reserve the balance intended to expand those laws. It is not or obesity. Imagine you are overweight of my time. intended to put restaurants out of busi- and suffer from high blood pressure be- Mr. CANNON. Mr. Chairman, I yield ness. It is not intended to shift respon- myself such time as I may consume. cause you are overweight, and you de- sibility from individuals and from par- cide to try losing weight by taking a This gutting amendment was de- ents. It is about personal responsi- feated on the House floor last year by dietary supplement product. But what bility, and I urge opposition to this you do not know is that the product a vote of 241 to 177, and it should be de- amendment. feated again this year. you are taking contains a potentially Mr. Chairman, I yield back the bal- dangerous stimulant; and instead of Lawsuits relating to obesity and ance of my time. weight gain are wrong no matter who helping you lose weight, the product The Acting CHAIRMAN (Mr. PUT- brings them. If private claims are friv- causes your blood pressure to go even NAM). The question is on the amend- higher and makes you really sick. If olous and should be blocked, then we ment offered by the gentleman from should not encourage States to bring this bill passed, you could not sue the Virginia (Mr. SCOTT). dietary supplement company even if them either. This bill only applies to The question was taken; and the Act- lawsuits arising out of or related to the product did not have a warning ing Chairman announced that the ayes label; even if the companies received obesity and weight gain. appeared to have it. State consumer protection statutes thousands of adverse event reports that Mr. SENSENBRENNER. Mr. Chair- they have kept hidden; even if a profes- are not intended to cover these kinds man, I demand a recorded vote. of claims. In fact, not a single State sional medical society and experts The Acting CHAIRMAN. Pursuant to have concluded that the product is dan- consumer protection law allows a State clause 6 of rule XVIII, further pro- agency to sue for damages because gerous; and even if the company has ceedings on the amendment offered by never tested the product to see if it is someone got fat from eating too much. the gentleman from Virginia (Mr. However, because the amendment im- safe. SCOTT) will be postponed. Removing the threat of liability for plies State consumer protection laws It is now in order to consider amend- do allow lawsuits in which the claim is dangerous dietary supplements would ment No. 5 printed in House Report be a grave mistake. Despite evidence obesity or weight gain, courts may well 109–249. read it to grant all State agencies new that supplements containing ephedra powers to use their State consumer AMENDMENT NO. 5 OFFERED BY MR. WAXMAN are dangerous and have caused heart protection laws to seek damages Mr. WAXMAN. Mr. Chairman, I offer attacks or strokes or death, it took the against the food industry for obesity- an amendment. FDA years to act to take higher-dose related claims. That is directly con- The Acting CHAIRMAN. The Clerk ephedra supplements off the market. In trary to the purpose of this bill. It will designate the amendment. the meantime, some dietary supple- would not be right to allow States to The text of the amendment is as fol- ment companies stopped making use their consumer protection laws in lows: ephedra products because of the ways they cannot use them now, name- Amendment No. 5 offered by Mr. WAXMAN: mounting litigation. Without having to ly, to sue the food industry for obesity- At the end of the bill, add the following take responsibility for their products, related claims. Consequently, this new section: manufacturers could be free to sell amendment should be defeated. SECTION ll. NOT APPLICABLE TO DIETARY dangerous substances to the public. SUPPLEMENTS. The threat of a lawsuit could have a In any case, section 4(5)(b) of H.R. 544 Notwithstanding any other provision of makes it clear that obesity-related this Act, this Act does not apply to a claim real impact here, and it is not one sim- lawsuits can be brought by anyone who of injury involving a dietary supplement re- ply of personal responsibility. can prove he suffered harm as a result lating to a person’s weight gain, obesity or We are seeing now a new generation of a violation of State or Federal law, any health condition associated with weight of weight-loss products marketed as di- including laws that prohibit deceptive gain or obesity. etary supplements that have stimulant or misleading advertising, by showing The Acting CHAIRMAN. Pursuant to ingredients that may be similar to he individually and justifiably relied House Resolution 494, the gentleman ephedra. According to a recent study, on such deceptive or misleading adver- from California (Mr. WAXMAN) and the these new products may raise blood tising and that such reliance was the gentleman from Utah (Mr. CANNON) pressure and heart rate, making them proximate cause of the injury. each will control 5 minutes. potentially dangerous particularly to So the bill itself already allows law- The Chair recognizes the gentleman those people who already have heart suits against bad actors while pre- from California (Mr. WAXMAN). disease. However, it is perfectly legal serving the concept of personal respon- Mr. WAXMAN. Mr. Chairman, I yield for a dietary supplement manufacturer sibility. The amendment does not do myself such time as I may consume. to sell these products without testing that, it should be defeated, and I urge Mr. Chairman, those who support to see if they are safe and without my colleagues to vote against this this bill argue that food manufacturers warning consumers of potential ad- amendment. should be sheltered from lawsuits verse effects.

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8936 CONGRESSIONAL RECORD — HOUSE October 19, 2005 This bill, as it is drafted, is a license suits do nothing but enable consumers foods generally recognized as safe that for reckless behavior by dietary supple- to feel powerless in a battle for main- if they abuse their eating habits they ment manufacturers. I do not know if taining one’s own personal health. The are responsible for it. But with a die- that is what the authors intended; I truth is, we as consumers have control tary supplement, if the manufacturer tend to think they probably did not over the food choices we make, and we withholds this information about the look at that issue. It allows them to must issue our better judgment when risks, and there is no warning whatso- sell dangerous products to Americans making these decisions. Negative life- ever when the manufacturer knows without ever having to take responsi- style choices cause obesity, not a trip there should be, then it seems to me we bility in a court of law, and our amend- to the fast food restaurant or a cookie are giving up the responsibility of the ment would close the dietary supple- high in trans fat. manufacturer to warn and taking peo- ment loophole. I urge my colleagues to ‘‘Through working with obese pa- ple who are harmed not because they support it. tients, I have learned that the worst did not act responsibly and then saying Mr. Chairman, I reserve the balance thing one can do is blame an outside to them they are out of luck. of my time. force to get themselves ‘off the hook,’ I would think this is not a good argu- Mr. CANNON. Mr. Chairman, I yield to say it is not their fault and that ment that we have heard on the other myself such time as I may consume. they are a victim. Congress has rightly side, and I would hope Members would Mr. Chairman, the amendment is recognized the danger of allowing make this exception. A food supple- substantially the same as the amend- Americans to continue blaming others ment, a dietary supplement in the form ment offered by the gentlewoman from for the obesity epidemic. It is impera- of a pill or some other process is like a Texas (Ms. JACKSON-LEE), which was tive that we prevent lawsuits from drug, and I do not think we would want defeated on the House floor last year being filed against any industry for an- people to be subjected to no lawsuit by a vote of 166 to 250, and it should be swering consumer demands. The fact that is legitimate if the drug has never defeated again this year. that we are addressing the issue here been approved and never warned about This amendment must be defeated today is a step in the right direction.’’ by the manufacturer. So I ask support because it would gut the bill. This Even the chairman of the American of the amendment. amendment, if adopted, would allow Council For Fitness and Nutrition, Mr. Chairman, I yield back the bal- anyone to eat as many health bars and Susan Finn, has written that ‘‘Al- ance of my time. drink as many diet shakes as they though obesity is a serious health Mr. CANNON. Mr. Chairman, I yield wanted and then sue the makers of the threat to millions of Americans, law- myself such time as I may consume. The gentleman is talking about var- health bars and the diet shakes for mil- suits and fingerpointing are not real- ious kinds of supplements. He men- lions of dollars for making them fat istic solutions. If you are obese, you tioned ephedra and other supplements when the health bar and diet shake don’t need a lawyer, you need to see to help people lose weight. That is a manufacturers had done absolutely your doctor, a nutritionist and a phys- substantial distinction here. If a person nothing wrong. ical trainer. Playing the courtroom buys a supplement and there has been The term ‘‘dietary supplement,’’ as blame game won’t make anyone thin- misleading advertising or the manufac- defined in 21 U.S.C. can include just ner or healthier.’’ turer knows of adverse effects and does about any food imaginable. It is de- Section 4(5)(b) of H.R. 554 makes it not communicate those, and if that fined in 21 U.S.C. 321(ff) as ‘‘a product clear that obesity-related lawsuits can constitutes a violation of law, a law- intended to supplement the diet that be brought by anyone who can prove he suit is not prohibited by this legisla- bears or contains one or more of the has suffered harm as a result of a viola- tion. This legislation is going the other following ingredients,’’ including ‘‘a vi- tion of State or Federal law, including way and saying you cannot sue people tamin or mineral.’’ Do we really want laws that prohibit deceptive or mis- if you get fat because you make wrong to encourage lawsuits by people who leading advertising, by showing they choices, as opposed to you have had get fat because they choose to eat too individually and justifiably relied on some kind of injury or illness because much food that happens to meet this such deceptive or misleading adver- of a misadvertised or otherwise inap- definition? Of course not. And that is tising and such reliance was the proxi- propriate utilization of a supplement. why this amendment must be defeated. mate cause of their injury. So if a man- The same concept of personal respon- ufacturer of a health bar or a diet b 1200 sibility should apply to anyone who shake lies concerning the calorie con- Mr. WAXMAN. Mr. Chairman, will chooses to eat too many health bars or tent of the food, and someone relies on the gentleman yield? diet shakes, or other similar products, that false statement and suffers injury, Mr. CANNON. I yield to the gen- just as it should be applied to anyone the person can sue the manufacturer tleman from California. else. under this legislation. Mr. WAXMAN. Mr. Chairman, the If you want to destroy every com- But let us not encourage people to gentleman raises an interesting point pany that sells products that help keep sue makers of health bars and diet that it would be a violation of law. A our waistlines trim by allowing them shakes because they choose to eat too lot of times these are not violations of to be sued out of existence, then vote many of them and get fat. I urge my law because there are no laws that per- for this amendment. But if you want to colleagues to defeat this amendment. tain. help combat the obesity problem in Mr. Chairman, I reserve the balance Mr. CANNON. Reclaiming my time, America, vote down this gutting of my time. we are not trying to change the whole amendment and preserve the concept of Mr. WAXMAN. Mr. Chairman, I yield world of consumer law here, we are personal responsibility. myself such time as I may consume. only trying to change one aspect of it. Allowing the types of lawsuits this I know that the argument on the If the gentleman is concerned about, amendment would allow flatly con- other side is that we want people to and I know the gentleman has great tradicts the advice of our Nation’s take personal responsibility, but is it concern about the effect of supple- leading nutritionists. Listen to the in- fair to say that there is personal re- ments like Ephedra which have largely sightful words of Dr. Gerard Musante, a sponsibility when a company hides been abandoned by the industry, that clinical psychologist with training at thousands of serious adverse effects, as is something we ought to be consid- Duke University Medical Center, who was the case with a company that had ering, but not in the context of this has worked for more than 30 years with a product with ephedra in it; or when a legislation. I urge my colleagues to re- thousands of obese people. He is the company does not warn about its risks; ject this amendment. founder of Structure House, a residen- when companies know about dangers The Acting CHAIRMAN (Mr. TERRY). tial weight-loss facility in Durham, and do not market their product re- The question is on the amendment of- North Carolina. He said the following sponsibly? fered by the gentleman from California at a Senate hearing on this legislation: We are not talking about in this situ- (Mr. WAXMAN). ‘‘Lawsuits are pointing fingers at the ation a food product that may be heavy The question was taken; and the Act- food industry in an attempt to curb the in fat or may have cholesterol or what- ing Chairman announced that the noes Nation’s obesity epidemic. These law- ever. People should expect in eating appeared to have it.

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8937 Mr. WAXMAN. Mr. Chairman, I de- Bonner Green (WI) Moore (KS) Thompson (CA) Van Hollen Westmoreland ´ mand a recorded vote. Bono Gutknecht Moran (KS) Thornberry Velazquez Whitfield Boozman Hall Moran (VA) Tiahrt Walden (OR) Wicker The Acting CHAIRMAN. Pursuant to Boren Harman Murphy Tiberi Walsh Wilson (NM) clause 6 of rule XVIII, further pro- Boucher Harris Murtha Tierney Wamp Wilson (SC) ceedings on the amendment offered by Boustany Hart Musgrave Towns Waxman Wolf Boyd Hastings (FL) Neal (MA) Turner Weiner the gentleman from California (Mr. Wu Bradley (NH) Hastings (WA) Neugebauer Udall (CO) Weldon (FL) Young (AK) Udall (NM) Weldon (PA) WAXMAN) will be postponed. Brady (TX) Hayes Ney Young (FL) Brown (SC) Hayworth Northup Upton Weller SEQUENTIAL VOTES POSTPONED IN COMMITTEE Brown, Corrine Hefley Norwood OF THE WHOLE Brown-Waite, Hensarling Nunes NOT VOTING—9 The Acting CHAIRMAN. Pursuant to Ginny Herger Nussle Boswell Edwards Lewis (GA) clause 6 of rule XVIII, proceedings will Burgess Herseth Oberstar Davis (FL) Feeney Myrick Burton (IN) Hobson Olver Dingell Keller Roybal-Allard now resume on those amendments on Buyer Hoekstra Ortiz which further proceedings were post- Calvert Holden Osborne ANNOUNCEMENT BY THE ACTING CHAIRMAN poned in the following order: Camp Holt Otter The Acting CHAIRMAN (Mr. TERRY) Amendment No. 2 by Ms. JACKSON- Cannon Hooley Oxley (during the vote). Members are advised Cantor Hostettler Paul LEE OF TEXAS. Capito Hoyer Pearce there are 2 minutes left in this vote. Amendment No. 3 by Mr. FILNER of Capps Hulshof Pence b 1228 California. Cardin Hunter Peterson (MN) Cardoza Hyde Peterson (PA) COTT Messrs. BARRETT of South Carolina, KING- Amendment No. 4 by Mr. S of Carter Inglis (SC) Petri Virginia. STON, WAXMAN, Ms. SOLIS, Mrs. Case Inslee Pickering NORTHUP, Messrs. NEAL of Massachu- Castle Israel Pitts Amendment No. 5 by Mr. WAXMAN of setts, LEVIN, RANGEL, SMITH of California. Chabot Issa Platts Chandler Istook Poe Texas, GEORGE MILLER of California, The Chair will reduce to 5 minutes Chocola Jefferson Pombo HOLT, Ms. SCHWARTZ of Pennsyl- the time for any electronic vote after Clyburn Jenkins Pomeroy vania, Mrs. MCCARTHY, Mr. CON- the first vote in this series. Coble Jindal Porter YERS, and Mr. HASTINGS of Florida Cole (OK) Johnson (CT) Price (GA) changed their vote from ‘‘aye’’ to ‘‘no.’’ AMENDMENT NO. 2 OFFERED BY MS. JACKSON- Conaway Johnson (IL) Price (NC) So the amendment was rejected. LEE OF TEXAS Conyers Johnson, Sam Pryce (OH) The Acting CHAIRMAN. The pending Cooper Jones (NC) Putnam The result of the vote was announced business is the demand for a recorded Costa Kanjorski Radanovich as above recorded. Costello Kaptur Rahall AMENDMENT NO. 3 OFFERED BY MR. FILNER vote on the amendment offered by the Cramer Kelly Ramstad gentlewoman from Texas (Ms. JACK- Crenshaw Kennedy (MN) Rangel The Acting CHAIRMAN. The pending SON-LEE) on which further proceedings Cubin Kennedy (RI) Regula business is the demand for a recorded Cuellar Kildee Rehberg vote on the amendment offered by the were postponed and on which the noes Culberson Kind Reichert prevailed by voice vote. Cunningham King (IA) Renzi gentleman from California (Mr. FIL- The Clerk will redesignate the Davis (AL) King (NY) Reyes NER) on which further proceedings were amendment. Davis (CA) Kingston Reynolds postponed and on which the noes pre- Davis (IL) Kirk Rogers (AL) vailed by voice vote. The Clerk redesignated the amend- Davis (KY) Kline Rogers (KY) ment. Davis (TN) Knollenberg Rogers (MI) The Clerk will redesignate the Davis, Jo Ann Kolbe Rohrabacher amendment. RECORDED VOTE Davis, Tom Kuhl (NY) Ros-Lehtinen The Clerk redesignated the amend- The Acting CHAIRMAN. A recorded Deal (GA) LaHood Ross ment. vote has been demanded. DeGette Lantos Rothman A recorded vote was ordered. DeLauro Larsen (WA) Royce RECORDED VOTE DeLay Latham Ruppersberger The Acting CHAIRMAN. A recorded The vote was taken by electronic de- Dent LaTourette Ryan (OH) vice, and there were—ayes 67, noes 357, Diaz-Balart, L. Leach Ryan (WI) vote has been demanded. not voting 9, as follows: Diaz-Balart, M. Levin Ryun (KS) A recorded vote was ordered. Dicks Lewis (CA) Sabo The Acting CHAIRMAN. This will be [Roll No. 529] Doolittle Lewis (KY) Salazar a 5-minute vote. AYES—67 Doyle Linder Sanchez, Loretta Drake Lipinski Saxton The vote was taken by electronic de- Berkley Honda Pascrell Dreier LoBiondo Schiff vice, and there were—ayes 129, noes 298, Brady (PA) Jackson (IL) Pastor Duncan Lofgren, Zoe Schmidt not voting 6, as follows: Brown (OH) Jackson-Lee Payne Ehlers Lowey Schwartz (PA) Butterfield (TX) Pelosi Emanuel Lucas Schwarz (MI) [Roll No. 530] Capuano Johnson, E. B. Rush Emerson Lungren, Daniel Scott (GA) AYES—129 Carnahan Jones (OH) Sa´ nchez, Linda Engel E. Sensenbrenner Carson Kilpatrick (MI) T. English (PA) Lynch Sessions Abercrombie Doggett Kilpatrick (MI) Ackerman Doyle Kucinich Clay Kucinich Sanders Eshoo Mack Shadegg Andrews Emanuel Lantos Cleaver Langevin Schakowsky Etheridge Maloney Shaw Crowley Larson (CT) Baldwin Engel Larson (CT) Scott (VA) Evans Manzullo Shays Cummings Lee Becerra Etheridge Lee Serrano Everett Marchant Sherman DeFazio Markey Berman Evans Levin Slaughter Ferguson Marshall Sherwood Delahunt McDermott Fitzpatrick (PA) Matheson Shimkus Bishop (NY) Farr Lipinski Stark Doggett McKinney Flake Matsui Shuster Blumenauer Fattah Lofgren, Zoe Thompson (MS) Farr McNulty Foley McCarthy Simmons Brady (PA) Filner Lowey Visclosky Fattah Meehan Forbes McCaul (TX) Simpson Brown (OH) Gonzalez Maloney Wasserman Filner Millender- Ford McCollum (MN) Skelton Brown, Corrine Green, Al Markey Schultz Green, Al McDonald Fortenberry McCotter Smith (NJ) Butterfield Green, Gene Matsui Green, Gene Moore (WI) Waters Fossella McCrery Smith (TX) Capps Grijalva McCarthy Grijalva Nadler Watson Foxx McGovern Smith (WA) Capuano Gutierrez McDermott Gutierrez Napolitano Watt Frank (MA) McHenry Snyder Cardin Hastings (FL) McGovern Higgins Obey Wexler Franks (AZ) McHugh Sodrel Cardoza Higgins McKinney Hinchey Owens Woolsey Frelinghuysen McIntyre Solis Carnahan Hinchey McNulty Hinojosa Pallone Wynn Gallegly McKeon Souder Carson Holt Meehan Garrett (NJ) McMorris Spratt Chandler Honda Meek (FL) NOES—357 Gerlach Meek (FL) Stearns Clay Hoyer Meeks (NY) Abercrombie Baldwin Biggert Gibbons Meeks (NY) Strickland Cleaver Israel Menendez Ackerman Barrett (SC) Bilirakis Gilchrest Melancon Stupak Conyers Jackson (IL) Miller (NC) Aderholt Barrow Bishop (GA) Gillmor Menendez Sullivan Costello Jackson-Lee Miller, George Akin Bartlett (MD) Bishop (NY) Gingrey Mica Sweeney Crowley (TX) Mollohan Alexander Barton (TX) Bishop (UT) Gohmert Michaud Tancredo Cuellar Jefferson Moore (WI) Allen Bass Blackburn Gonzalez Miller (FL) Tanner Cummings Johnson, E. B. Moran (VA) Andrews Bean Blumenauer Goode Miller (MI) Tauscher Davis (CA) Jones (OH) Musgrave Baca Beauprez Blunt Goodlatte Miller (NC) Taylor (MS) Delahunt Kanjorski Nadler Bachus Becerra Boehlert Gordon Miller, Gary Taylor (NC) DeLauro Kaptur Napolitano Baird Berman Boehner Granger Miller, George Terry Dicks Kennedy (RI) Oberstar Baker Berry Bonilla Graves Mollohan Thomas Dingell Kildee Obey

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8938 CONGRESSIONAL RECORD — HOUSE October 19, 2005 Olver Sa´ nchez, Linda Thompson (MS) Sherwood Tancredo Walsh Lipinski Obey Sherman Owens T. Tierney Shimkus Tanner Wamp Lofgren, Zoe Olver Skelton Pallone Sanders Udall (NM) Shuster Tauscher Wasserman Lowey Ortiz Slaughter Pastor Schakowsky Van Hollen Simmons Taylor (MS) Schultz Lynch Owens Smith (WA) Payne Schiff Vela´ zquez Simpson Taylor (NC) Weldon (FL) Maloney Pallone Snyder Pelosi Schwartz (PA) Waters Skelton Terry Weldon (PA) Markey Pascrell Solis Price (NC) Scott (VA) Watson Smith (NJ) Thomas Weller Marshall Pastor Spratt Rahall Serrano Watt Smith (TX) Thompson (CA) Westmoreland Matsui Paul Stark Smith (WA) Thornberry McCarthy Payne Rangel Sherman Waxman Whitfield Strickland Slaughter Weiner Snyder Tiahrt McCollum (MN) Pelosi Rush Wicker Stupak Solis Wexler Sodrel Tiberi McDermott Pomeroy Ryan (OH) Wilson (NM) Tauscher Stark Woolsey Souder Towns McGovern Price (NC) Sabo Stupak Wu Spratt Turner Wilson (SC) McIntyre Rahall Taylor (MS) Stearns Udall (CO) Wolf McKinney Rangel Thompson (MS) NOES—298 Strickland Upton Wynn McNulty Reyes Tierney Sullivan Visclosky Young (AK) Meehan Rohrabacher Towns Aderholt Everett Mack Sweeney Walden (OR) Young (FL) Meek (FL) Ross Udall (CO) Akin Feeney Manzullo Meeks (NY) Rothman Udall (NM) Alexander Ferguson Marchant NOT VOTING—6 Menendez Ruppersberger Van Hollen Allen Fitzpatrick (PA) Marshall Boswell Keller Myrick Michaud Rush Vela´ zquez Baca Flake Matheson Davis (FL) Lewis (GA) Roybal-Allard Millender- Ryan (OH) Visclosky Bachus Foley McCaul (TX) McDonald Sabo Wasserman Baird Forbes McCollum (MN) ANNOUNCEMENT BY THE ACTING CHAIRMAN Miller (NC) Salazar Schultz Baker Ford McCotter The Acting CHAIRMAN (Mr. TERRY) Miller, George Sa´ nchez, Linda Waters Barrett (SC) Fortenberry McCrery Mollohan T. Barrow Fossella McHenry (during the vote). Members are advised Watson Moore (KS) Sanchez, Loretta Watt Bartlett (MD) Foxx McHugh there are 2 minutes remaining in this Moore (WI) Sanders Waxman Barton (TX) Frank (MA) McIntyre Moran (VA) Schakowsky vote. Weiner Bass Franks (AZ) McKeon Murtha Schiff Bean Frelinghuysen McMorris Wexler b 1236 Nadler Schwartz (PA) Beauprez Gallegly Melancon Napolitano Scott (GA) Woolsey Berkley Garrett (NJ) Mica So the amendment was rejected. Neal (MA) Scott (VA) Wu Berry Gerlach Michaud Oberstar Serrano Wynn Biggert Gibbons Millender- The result of the vote was announced Bilirakis Gilchrest McDonald as above recorded. NOES—234 Bishop (GA) Gillmor Miller (FL) AMENDMENT NO. 4 OFFERED BY MR. SCOTT OF Aderholt Emerson Leach Bishop (UT) Gingrey Miller (MI) Akin English (PA) Lewis (CA) Blackburn Gohmert VIRGINIA Miller, Gary Alexander Everett Lewis (KY) Blunt Goode Moore (KS) The Acting CHAIRMAN. The pending Bachus Feeney Linder Boehlert Goodlatte Moran (KS) business is the demand for a recorded Baker Ferguson LoBiondo Boehner Gordon Murphy Barrett (SC) Flake Lucas Bonilla Granger vote on the amendment offered by the Murtha Barrow Foley Lungren, Daniel Bonner Graves gentleman from Virginia (Mr. SCOTT) Neal (MA) Bartlett (MD) Forbes E. Bono Green (WI) Neugebauer on which further proceedings were Barton (TX) Fortenberry Mack Boozman Gutknecht Ney postponed and on which the ayes pre- Bass Fossella Manzullo Boren Hall Northup Beauprez Foxx Marchant Boucher Harman vailed by voice vote. Norwood Biggert Franks (AZ) Matheson Boustany Harris Nunes The Clerk will redesignate the Bilirakis Frelinghuysen McCaul (TX) Boyd Hart Nussle amendment. Bishop (UT) Gallegly McCotter Bradley (NH) Hastings (WA) Ortiz Blackburn Garrett (NJ) McCrery Brady (TX) Hayes The Clerk redesignated the amend- Osborne Blunt Gibbons McHenry Brown (SC) Hayworth ment. Otter Boehlert Gilchrest McHugh Brown-Waite, Hefley Oxley RECORDED VOTE Boehner Gillmor McKeon Ginny Hensarling Pascrell Bonilla Gingrey McMorris Burgess Herger The Acting CHAIRMAN. A recorded Paul Bonner Gohmert Melancon Burton (IN) Herseth Pearce vote has been demanded. Bono Goode Mica Buyer Hinojosa Pence A recorded vote was ordered. Boozman Goodlatte Miller (FL) Calvert Hobson Peterson (MN) Boren Gordon Miller (MI) Camp Hoekstra The Acting CHAIRMAN. This will be Peterson (PA) Boustany Granger Miller, Gary Cannon Holden a 5-minute vote. Petri Boyd Graves Moran (KS) Cantor Hooley Pickering The vote was taken by electronic de- Bradley (NH) Green (WI) Murphy Capito Hostettler Pitts vice, and there were—ayes 192, noes 234, Brady (TX) Gutknecht Musgrave Carter Hulshof Platts Brown (SC) Hall Neugebauer Case Hunter not voting 7, as follows: Poe Brown-Waite, Harris Ney Castle Hyde Pombo [Roll No. 531] Ginny Hart Northup Chabot Inglis (SC) Pomeroy Burgess Hastings (WA) Norwood Chocola Inslee AYES—192 Porter Burton (IN) Hayes Nunes Clyburn Issa Abercrombie Costello Gutierrez Price (GA) Buyer Hayworth Nussle Coble Istook Ackerman Crowley Harman Pryce (OH) Calvert Hefley Osborne Cole (OK) Jenkins Allen Cuellar Hastings (FL) Putnam Camp Hensarling Otter Conaway Jindal Andrews Cummings Herseth Radanovich Cannon Herger Oxley Cooper Johnson (CT) Baca Cunningham Higgins Ramstad Cantor Hobson Pearce Costa Johnson (IL) Baird Davis (AL) Hinchey Regula Capito Hoekstra Pence Cramer Johnson, Sam Baldwin Davis (CA) Hinojosa Rehberg Cardoza Hostettler Peterson (MN) Crenshaw Jones (NC) Bean Davis (IL) Holden Reichert Carter Hulshof Peterson (PA) Cubin Kelly Becerra DeFazio Holt Renzi Castle Hunter Petri Culberson Kennedy (MN) Berkley DeGette Honda Reyes Chabot Hyde Pickering Cunningham Kind Berman Delahunt Hooley Reynolds Chocola Inglis (SC) Pitts Davis (AL) King (IA) Berry DeLauro Hoyer Rogers (AL) Coble Issa Platts Davis (IL) King (NY) Bishop (GA) Dicks Inslee Rogers (KY) Cole (OK) Istook Poe Davis (KY) Kingston Bishop (NY) Dingell Israel Rogers (MI) Conaway Jenkins Pombo Davis (TN) Kirk Blumenauer Doggett Jackson (IL) Rohrabacher Cramer Jindal Porter Davis, Jo Ann Kline Boucher Doyle Jackson-Lee Ros-Lehtinen Crenshaw Johnson (CT) Price (GA) Davis, Tom Knollenberg Brady (PA) Duncan (TX) Ross Cubin Johnson (IL) Pryce (OH) Deal (GA) Kolbe Brown (OH) Emanuel Jefferson Rothman Culberson Johnson, Sam Putnam DeFazio Kuhl (NY) Brown, Corrine Engel Johnson, E. B. Royce Davis (KY) Jones (NC) Radanovich DeGette LaHood Butterfield Eshoo Jones (OH) Ruppersberger Davis (TN) Kelly Ramstad DeLay Langevin Capps Etheridge Kanjorski Ryan (WI) Davis, Jo Ann Kennedy (MN) Regula Dent Larsen (WA) Capuano Evans Kaptur Ryun (KS) Davis, Tom King (IA) Rehberg Diaz-Balart, L. Latham Cardin Farr Kennedy (RI) Salazar Deal (GA) King (NY) Reichert Diaz-Balart, M. LaTourette Carnahan Fattah Kildee Sanchez, Loretta DeLay Kingston Renzi Doolittle Leach Carson Filner Kilpatrick (MI) Saxton Dent Kirk Reynolds Drake Lewis (CA) Case Fitzpatrick (PA) Kind Schmidt Diaz-Balart, L. Kline Rogers (AL) Dreier Lewis (KY) Chandler Ford Kucinich Schwarz (MI) Diaz-Balart, M. Knollenberg Rogers (KY) Duncan Linder Clay Frank (MA) Langevin Scott (GA) Doolittle Kolbe Rogers (MI) Edwards LoBiondo Cleaver Gerlach Lantos Sensenbrenner Drake Kuhl (NY) Ros-Lehtinen Ehlers Lucas Clyburn Gonzalez Larsen (WA) Sessions Dreier LaHood Royce Emerson Lungren, Daniel Conyers Green, Al Larson (CT) Shadegg Edwards Latham Ryan (WI) English (PA) E. Cooper Green, Gene Lee Shaw Ehlers LaTourette Ryun (KS) Eshoo Lynch Shays Costa Grijalva Levin

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8939 Saxton Souder Walden (OR) Meehan Pomeroy Stark Shadegg Sullivan Walden (OR) Schmidt Stearns Walsh Meek (FL) Price (NC) Strickland Shaw Tancredo Walsh Schwarz (MI) Sullivan Wamp Meeks (NY) Rahall Stupak Shays Tanner Wamp Sensenbrenner Sweeney Weldon (FL) Melancon Rangel Sweeney Sherwood Taylor (MS) Weldon (FL) Sessions Tancredo Weldon (PA) Menendez Reyes Tauscher Shimkus Taylor (NC) Weldon (PA) Shadegg Tanner Weller Michaud Ross Thompson (MS) Shuster Terry Weller Shaw Taylor (NC) Westmoreland Millender- Rothman Tierney Simmons Thomas Westmoreland Shays Terry Whitfield McDonald Ruppersberger Towns Smith (NJ) Thompson (CA) Whitfield Sherwood Thomas Smith (TX) Thornberry Wicker Wicker Miller (NC) Rush Udall (CO) Shimkus Thompson (CA) Miller, George Ryan (OH) Sodrel Tiahrt Wilson (NM) Wilson (NM) Udall (NM) Shuster Thornberry Mollohan Sabo Souder Tiberi Wilson (SC) Wilson (SC) Van Hollen Simmons Tiahrt Moore (KS) Salazar Spratt Turner Young (AK) Wolf ´ Smith (NJ) Tiberi Moore (WI) Sa´ nchez, Linda Velazquez Stearns Upton Young (FL) Smith (TX) Turner Young (AK) Moran (VA) T. Visclosky Sodrel Upton Young (FL) Nadler Sanchez, Loretta Wasserman NOT VOTING—9 Napolitano Sanders Schultz Boswell Lewis (GA) Myrick NOT VOTING—7 Neal (MA) Schakowsky Waters Davis (FL) Maloney Roybal-Allard Boswell Lewis (GA) Simpson Oberstar Schiff Watson Keller Marchant Simpson Davis (FL) Myrick Obey Schwartz (PA) Watt Keller Roybal-Allard Olver Scott (VA) Waxman ANNOUNCEMENT BY THE ACTING CHAIRMAN Ortiz Serrano Weiner The Acting CHAIRMAN (during the ANNOUNCEMENT BY THE ACTING CHAIRMAN Owens Sherman Wexler vote). Members are advised there are 2 The Acting CHAIRMAN (during the Pallone Skelton Wolf minutes left in this vote. vote). Members are advised there are 2 Pascrell Slaughter Woolsey Pastor Smith (WA) minutes remaining in this vote. Wu b 1253 Payne Snyder Wynn Pelosi Solis So the amendment was rejected. b 1246 The result of the vote was announced Mr. CARDOZA changed his vote from NOES—247 as above recorded. ‘‘aye’’ to ‘‘no.’’ Aderholt English (PA) Lewis (CA) The Acting CHAIRMAN. The ques- Akin Everett Lewis (KY) tion is on the committee amendment So the amendment was rejected. Alexander Feeney Linder The result of the vote was announced Bachus Ferguson LoBiondo in the nature of a substitute, as amend- as above recorded. Baird Flake Lucas ed. Baker Foley Lungren, Daniel AMENDMENT NO. 5 OFFERED BY MR. WAXMAN The committee amendment in the Barrett (SC) Forbes E. nature of a substitute, as amended, was The Acting CHAIRMAN (Mr. TERRY). Barrow Fortenberry Mack The pending business is the demand for Bartlett (MD) Fossella Manzullo agreed to. Barton (TX) Foxx Matheson The Acting CHAIRMAN. Under the a recorded vote on the amendment of- Bass Franks (AZ) McCaul (TX) fered by the gentleman from California rule, the committee rises. Beauprez Frelinghuysen McCotter Accordingly, the Committee rose; (Mr. WAXMAN) on which further pro- Biggert Gallegly McCrery and the Speaker pro tempore (Mr. ceedings were postponed and on which Bilirakis Garrett (NJ) McHenry Bishop (UT) Gerlach McHugh LATHAM) having assumed the chair, Mr. the noes prevailed by voice vote. Blackburn Gibbons McKeon TERRY, Acting Chairman of the Com- The Clerk will redesignate the Blunt Gilchrest McMorris mittee of the Whole House on the State amendment. Boehlert Gillmor Mica Boehner Gingrey Miller (FL) of the Union, reported that that Com- The Clerk redesignated the amend- Bonilla Gohmert Miller (MI) mittee, having had under consideration ment. Bonner Goode Miller, Gary the bill (H.R. 554) to prevent legislative RECORDED VOTE Bono Goodlatte Moran (KS) Boozman Gordon Murphy and regulatory functions from being The Acting CHAIRMAN. A recorded Boren Granger Murtha usurped by civil liability actions vote has been demanded. Boustany Graves Musgrave brought or continued against food A recorded vote was ordered. Boyd Green (WI) Neugebauer Bradley (NH) Gutknecht Ney manufacturers, marketers, distribu- The Acting CHAIRMAN. This will be Brady (TX) Hall Northup tors, advertisers, sellers, and trade as- a 5-minute vote. Brown (SC) Harris Norwood sociations for claims of injury relating The vote was taken by electronic de- Burgess Hart Nunes to a person’s weight gain, obesity, or vice, and there were—ayes 177, noes 247, Burton (IN) Hastings (WA) Nussle Buyer Hayes Osborne any health condition associated with not voting 9, as follows: Calvert Hayworth Otter weight gain or obesity, pursuant to [Roll No. 532] Camp Hefley Oxley House Resolution 494, he reported the Cannon Hensarling Paul AYES—177 Cantor Herger Pearce bill back to the House with an amend- Abercrombie Cummings Hooley Capito Herseth Pence ment adopted by the Committee of the Ackerman Davis (CA) Hoyer Cardoza Hobson Peterson (MN) Whole. Allen Davis (IL) Inslee Carter Hoekstra Peterson (PA) The SPEAKER pro tempore. Under Andrews Davis, Tom Israel Case Holden Petri Baca DeGette Jackson (IL) Castle Hostettler Pickering the rule, the previous question is or- Baldwin Delahunt Jefferson Chabot Hulshof Pitts dered. Bean DeLauro Johnson, E. B. Chocola Hunter Platts Is a separate vote demanded on the Becerra Dicks Jones (OH) Coble Hyde Poe Berkley Dingell Kaptur Cole (OK) Inglis (SC) Pombo amendment to the committee amend- Berman Doggett Kennedy (RI) Conaway Issa Porter ment in the nature of a substitute Berry Doyle Kildee Cooper Istook Price (GA) adopted by the Committee of the Bishop (GA) Emanuel Kilpatrick (MI) Cramer Jackson-Lee Pryce (OH) Whole? If not, the question is on the Bishop (NY) Engel Kind Crenshaw (TX) Putnam Blumenauer Eshoo Kucinich Cubin Jenkins Radanovich committee amendment in the nature of Boucher Etheridge Langevin Cuellar Jindal Ramstad a substitute. Brady (PA) Evans Lantos Culberson Johnson (CT) Regula The committee amendment in the Brown (OH) Farr Larsen (WA) Cunningham Johnson (IL) Rehberg nature of a substitute was agreed to. Brown, Corrine Fattah Larson (CT) Davis (AL) Johnson, Sam Reichert Brown-Waite, Filner Lee Davis (KY) Jones (NC) Renzi The SPEAKER pro tempore. The Ginny Fitzpatrick (PA) Levin Davis (TN) Kanjorski Reynolds question is on the engrossment and Butterfield Ford Lipinski Davis, Jo Ann Kelly Rogers (AL) third reading of the bill. Capps Frank (MA) Lofgren, Zoe Deal (GA) Kennedy (MN) Rogers (KY) Capuano Gonzalez Lowey DeFazio King (IA) Rogers (MI) The bill was ordered to be engrossed Cardin Green, Al Lynch DeLay King (NY) Rohrabacher and read a third time, and was read the Carnahan Green, Gene Markey Dent Kingston Ros-Lehtinen third time. Carson Grijalva Marshall Diaz-Balart, L. Kirk Royce The SPEAKER pro tempore. The Chandler Gutierrez Matsui Diaz-Balart, M. Kline Ryan (WI) Clay Harman McCarthy Doolittle Knollenberg Ryun (KS) question is on the passage of the bill. Cleaver Hastings (FL) McCollum (MN) Drake Kolbe Saxton The question was taken; and the Clyburn Higgins McDermott Dreier Kuhl (NY) Schmidt Speaker pro tempore announced that Conyers Hinchey McGovern Duncan LaHood Schwarz (MI) the ayes appeared to have it. Costa Hinojosa McIntyre Edwards Latham Scott (GA) Costello Holt McKinney Ehlers LaTourette Sensenbrenner Mr. SENSENBRENNER. Mr. Speak- Crowley Honda McNulty Emerson Leach Sessions er, on that I demand the yeas and nays.

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8940 CONGRESSIONAL RECORD — HOUSE October 19, 2005 The yeas and nays were ordered. Stupak Tiberi Weller amendment thereto, disagree to the Sullivan Towns Westmoreland Senate amendment, and agree to the The vote was taken by electronic de- Sweeney Turner Whitfield vice, and there were—yeas 306, nays Tancredo Udall (CO) Wicker conference asked by the Senate. 120, not voting 7, as follows: Tanner Upton Wilson (NM) The SPEAKER pro tempore (Mr. ´ Tauscher Velazquez Wilson (SC) TERRY). The question is on the motion [Roll No. 533] Taylor (MS) Walden (OR) Wolf offered by the gentleman from Texas YEAS—306 Taylor (NC) Walsh Wu Terry Wamp ONILLA Wynn (Mr. B ). Aderholt Fitzpatrick (PA) McHenry Thomas Wasserman Young (AK) The motion was agreed to. Akin Flake McHugh Thompson (CA) Schultz Young (FL) Alexander Foley McIntyre Thornberry Weldon (FL) MOTION TO INSTRUCT OFFERED BY MS. DELAURO Baca Forbes McKeon Tiahrt Weldon (PA) Ms. DELAURO. Mr. Speaker, I offer a Bachus Ford McMorris Baird Fortenberry McNulty NAYS—120 motion to instruct conferees. Baker Fossella Meek (FL) Abercrombie Hastings (FL) Oberstar The Clerk read as follows: Barrett (SC) Foxx Meeks (NY) Ackerman Hinchey Olver Ms. DELAURO of Connecticut moves that Barrow Franks (AZ) Melancon Allen Holt Owens Bartlett (MD) Frelinghuysen Menendez the managers on the part of the House at the Andrews Honda Pallone Barton (TX) Gallegly Mica conference on the disagreeing votes of the Baldwin Hoyer Pascrell Bass Garrett (NJ) Michaud two Houses on the Senate amendment to the Becerra Inslee Pastor Bean Gerlach Millender- bill, H.R. 2744, be instructed to: Berman Israel Paul Beauprez Gibbons McDonald Bishop (NY) Jackson (IL) 1. Recede to the Senate on Section 785 of Berkley Gilchrest Miller (FL) Payne Blumenauer Jackson-Lee Pelosi the Senate amendment, and Berry Gillmor Miller (MI) Brady (PA) (TX) 2. Agree to a provision that restricts, with- Biggert Gingrey Miller, Gary Price (NC) Brown (OH) Jefferson Rahall in the scope of conference, the availability of Bilirakis Gohmert Moore (KS) Butterfield Johnson, E. B. Bishop (GA) Goode Moran (KS) Rangel funds to reimburse administrative costs Capps Jones (OH) Rothman under the Food Stamp Act of 1977 to a State Bishop (UT) Goodlatte Moran (VA) Capuano Kanjorski Blackburn Gordon Murphy Rush agency based on the percentage of the costs Cardin Kaptur Sabo Blunt Granger Musgrave Carnahan Kennedy (RI) (other than costs for issuance of benefits or Sa´ nchez, Linda Boehlert Graves Neugebauer Carson Kildee nutrition education) obtained under con- T. Boehner Green (WI) Ney Case Kilpatrick (MI) Sanders tract. Bonilla Green, Gene Northup Chandler Kucinich Schakowsky Bonner Gutknecht Norwood Cleaver Lantos b 1315 Schiff Bono Hall Nunes Conyers Lee Schwartz (PA) Boozman Harman Nussle Costello Levin The SPEAKER pro tempore (Mr. Boren Harris Obey Crowley Lofgren, Zoe Scott (VA) TERRY). Pursuant to clause 7 of rule Boucher Hart Ortiz Cummings Lowey Serrano Boustany Hastings (WA) Osborne Sherman XXII, the gentlewoman from Con- Davis (CA) Maloney necticut (Ms. DELAURO) and the gen- Boyd Hayes Otter DeGette Markey Snyder Bradley (NH) Hayworth Oxley Delahunt Matsui Solis tleman from Texas (Mr. BONILLA) each Brady (TX) Hefley Pearce DeLauro McCarthy Stark will control 30 minutes. Brown (SC) Hensarling Pence Doggett McCollum (MN) Strickland The Chair recognizes the gentle- Brown, Corrine Herger Peterson (MN) Engel McDermott Thompson (MS) Brown-Waite, Herseth Peterson (PA) Eshoo McGovern Tierney woman from Connecticut (Ms. Ginny Higgins Petri Etheridge McKinney Udall (NM) DELAURO). Burgess Hinojosa Pickering Evans Meehan Van Hollen Burton (IN) Hobson Pitts Ms. DELAURO. Mr. Speaker, I yield Farr Miller (NC) Visclosky myself such time as I may consume. Buyer Hoekstra Platts Fattah Miller, George Waters Calvert Holden Poe Filner Mollohan Watson Mr. Speaker, I rise to offer this mo- Camp Hooley Pombo Frank (MA) Moore (WI) Watt tion to instruct. This motion will in- Cannon Hostettler Pomeroy Gonzalez Murtha Waxman struct House conferees for the fiscal Cantor Hulshof Porter Green, Al Nadler Weiner Capito Hunter Price (GA) Grijalva Napolitano Wexler year 2006 agricultural appropriations Cardoza Hyde Putnam Gutierrez Neal (MA) Woolsey bill to insist that none of the funds Carter Inglis (SC) Radanovich made available by this or any other act Castle Issa Ramstad NOT VOTING—7 Chabot Istook Regula be used to close or relocate a county or Boswell Lewis (GA) Roybal-Allard Chocola Jenkins Rehberg Davis (FL) Myrick local Farm Service Agency office until Clay Jindal Reichert Keller Pryce (OH) the Secretary of Agriculture has deter- Clyburn Johnson (CT) Renzi mined the cost effectiveness of such Coble Johnson (IL) Reyes ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Cole (OK) Johnson, Sam Reynolds closures. The SPEAKER pro tempore (Mr. Conaway Jones (NC) Rogers (AL) It would also set a limit on the funds LATHAM) (during the vote). Members Cooper Kelly Rogers (KY) available for States to contract out Costa Kennedy (MN) Rogers (MI) are advised that 2 minutes remain in work being carried out under the Food Cramer Kind Rohrabacher this vote. Crenshaw King (IA) Ros-Lehtinen Stamp Act of 1977. Cubin King (NY) Ross b 1314 I want to first say that it has been a Cuellar Kingston Royce Culberson Kirk Ruppersberger So the bill was passed. pleasure working with the gentleman Cunningham Kline Ryan (OH) The result of the vote was announced from Texas (Mr. BONILLA) and his tal- Davis (AL) Knollenberg Ryan (WI) as above recorded. ented staff to put together the fiscal Davis (IL) Kolbe Ryun (KS) Davis (KY) Kuhl (NY) Salazar A motion to reconsider was laid on year 2006 agricultural appropriations Davis (TN) LaHood Sanchez, Loretta the table. bill, doing the best we could with very Davis, Jo Ann Langevin Saxton f limited resources. Davis, Tom Larsen (WA) Schmidt Under the circumstances, it is a bill Deal (GA) Larson (CT) Schwarz (MI) MOTION TO GO TO CONFERENCE DeFazio Latham Scott (GA) that I was proud of, my first as ranking DeLay LaTourette Sensenbrenner ON H.R. 2744, AGRICULTURE, minority member of this sub- Dent Leach Sessions RURAL DEVELOPMENT, FOOD committee. I also want to thank the Diaz-Balart, L. Lewis (CA) Shadegg AND DRUG ADMINISTRATION, gentleman from Wisconsin (Mr. OBEY). Diaz-Balart, M. Lewis (KY) Shaw AND RELATED AGENCIES APPRO- Dicks Linder Shays Mr. Speaker, I join with my col- Dingell Lipinski Sherwood PRIATIONS ACT, 2006 leagues to offer a motion that would in Doolittle LoBiondo Shimkus Mr. BONILLA. Mr. Speaker, pursuant essence codify the decision announced Doyle Lucas Shuster Drake Lungren, Daniel Simmons to clause 1 of rule XXII, and by direc- yesterday by the U.S. Department of Dreier E. Simpson tion of the Committee on Appropria- Agriculture to shelve its so-called FSA Duncan Lynch Skelton tions, I move to take from the Speak- Tomorrow Plan, a plan that would Edwards Mack Slaughter Ehlers Manzullo Smith (NJ) er’s table the bill (H.R. 2744) making have closed 713 of the Farm Service Emanuel Marchant Smith (TX) appropriations for Agriculture, Rural Agency’s 2,351 offices across America, Emerson Marshall Smith (WA) Development, Food and Drug Adminis- including two in my State of Con- English (PA) Matheson Sodrel tration, and Related Agencies for the necticut. Had the plan gone into effect, Everett McCaul (TX) Souder Feeney McCotter Spratt fiscal year ending September 30, 2006, more than a quarter of FSA’s total Ferguson McCrery Stearns and for other purposes, with a Senate field offices would have closed at a

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8941 time when rural America is battling centration of underserved minority and fices for certification, that would fall drought, the aftermath of Hurricane small-operation farms. to community organizations. Much Katrina, and skyrocketing energy This was all happening at a time like with farmers in the proposed FSA costs, all leading to what has been a when FSA services were as critical as office closing, clients, including their steady deterioration of its economic ever in modern memory. Even before children, seniors and many who do not base. Katrina there was extensive work speak English, would be forced to trav- For those unfamiliar with FSA, the going on for hurricane and flood relief el long distances for these services. Farm Service Agency administers 45 for the Southeast and mid-South, as There are a host of problems with the different programs designed to meet well as work around drought problem Texas plan. For one, it appears illegal, the demands of our increasingly di- in the Midwest; and we know the havoc conflicting with Federal statutes gov- verse agricultural landscape. It pro- Katrina wrecked on the gulf coast. erning the Food Stamp Program, which vides critical services to America’s What was most worrisome about the requires States to seek a waiver from farmer, services such as assistance to FSA Tomorrow Plan was its formula- the USDA. specialty crop producers, disbursal of tion by USDA without any cost anal- In a letter to the ranking member on payments for programs such as the to- ysis to show why it was necessary, nor the Senate side, the USDA said the fol- bacco and peanut buyout, and the han- was there any input from Congress. lowing: We do not have enough infor- dling of disaster assistance payments. Thankfully, in the wake of Senate ac- mation to ascertain whether or not But perhaps more importantly, FSA tion, USDA announced yesterday that Texas’ proposal is in compliance with offices provide that critical link be- it would set aside FSA Tomorrow and the act in regard to the certification of tween the farmer and the Federal Gov- its timetable for implementation. recipients. States are required to seek ernment. In that respect, FSA still re- As such, we offer this motion today a waiver from the USDA, and Texas tains its roots in FDR’s New Deal to codify that decision, protecting Con- sought no such waiver. Indeed, USDA which established that the Federal gress’ jurisdiction in the formulation has raised questions directly to the Government had an appropriate role to of policy so vital to American farmers’ Texas Health and Human Services play in ensuring a healthy rural econ- interest. We all support improving FSA Commission for over a year, asking it omy, a critical component to managing efficiency, streamlining the program so for information demonstrating this the national economy. that our farmers can get the best serv- contract is in compliance with Federal Over the years, the agency that be- ices possible. But I think yesterday’s law, and has received no real response. came the FSA managed programs such decision confirmed that ensuring FSA Secondly, there are several worri- as the standard Rural Rehabilitation field offices remain open and within some conflicts of interest. The Houston Loan Program, which provided credit, reach of our farmers is a critical piece Chronicle reports that the HHS Chief Information Officer involved in con- farm, home management planning and of making that happen. technical supervision to farms. It Mr. Speaker, the second component tract negotiation was once an em- helped farmers and their debtors arbi- of this motion would instruct conferees ployee of a firm that partnered with Accenture. Additionally, the former trate agreements and head off fore- to limit the availability of food stamp HHS Deputy Commissioner who helped closure. Indeed, FSA’s focus has funds that can be contracted out by develop the bidding procedures subse- changed as the need has. States. Specifically, such language quently went to work for Accenture. After Pearl Harbor the War Food Ad- would prohibit a State agency from What makes this so unfortunate is ministration was organized to meet the using Federal funds if they privatize a that it is so unnecessary. The Food increased needs of a country at war. certain percentage of their food stamp Stamp Program right now is operating And in 1994 USDA reorganized what is program operations. with the lowest error rate it has ever now the Farm Service Agency, which What this is about is ensuring the in- had, the result of years of work by tegrity of the Food Stamp Program, included the Agricultural Stabilization USDA and by State and local employ- and Conservation Service, the Risk which, Mr. Speaker, is one of the most ees all over the country. Texas itself Management Agency, and the Farm effective, well-run Federal programs has a very well-operated program. Why Credit portion of the Farmers Home that we have. If you have any doubt take the risk that a well-run program Administration. about that, I point you to the pro- will, even with the best intentions, be In recent years, FSA has become part gram’s remarkable response to Hurri- put at risk? of USDA’s one-stop concept, a clearing- cane Katrina. Let me just say, of all the companies house for the delivery for farm pro- Today, in Louisiana nearly 300,000 with which the government can do grams, where farmers can go for pro- households are already receiving food business with, I have serious concerns grams that help them stabilize farm in- stamps. In Texas there are another about the company that has been come, conserve land and water re- 125,000 households receiving emergency awarded this particular food stamp sources, provide credit to new or dis- food stamp assistance. Altogether, contract. Accenture is a corporate ex- advantaged farmers and ranchers, and nearly a million citizens affected or patriate, a company that has set up help farm operations recover from the displaced by Hurricane Katrina, chil- paper offices overseas to avoid paying effects of disaster. dren, seniors, are receiving emergency American taxes, yet comes back to feed In recent months, however, USDA food stamp benefits, 25 million Ameri- at the Federal trough by way of gov- was planning what was called FSA To- cans in all, reminding us once again ernment contracts when it is conven- morrow, which ostensibly was designed that good and decent societies take ient. to provide better staff, better equipped care of their most vulnerable. One need only to look at the Depart- and trained offices to improve flexi- But as we speak, at least one State is ment of Homeland Security’s $10 bil- bility and efficiency and to modernize planning on delegating an unprece- lion US–VISIT Program which technology. These were all laudable dented billion dollar privatization con- Accenture oversees to understand such goals, despite real challenges posed by tract. Texas is hoping to delegate cer- concerns. That contract is over budget, that digital divide and lack of Internet tification and enrollment of recipients behind schedule, and falling well short access in rural America. for food stamps to a private firm, of its goals. But central to FSA Tomorrow was its Accenture, LLP. Its plan is disturbing, Mr. Speaker, this is not simply about proposal to close over 700 FSA offices. to say the least, as its Health and an isolated issue in Texas. The tax- The effect would have been clear and Human Services Department would lay payers all over the country pay half of immediate, making it more difficult off at least 1,200 stamp workers, closing the costs of running the Food Stamp for producers to participate in USDA more than a third of State-run eligi- Program. We have an obligation to en- programs. Closing these offices would bility offices around the State, 99 in sure that that program is run effec- have fragmented the one-stop concept, all. Texas is planning to replace staff tively and efficiently and in compli- forcing many farmers to drive hun- at low hourly rates. ance with the law. Moreover, before dreds of miles to the nearest FSA office The responsibility for screening ap- other States go down the same path as where some of the closings are occur- plicants, filling out web-based forms Texas, we need to be sure we under- ring in areas with an already high con- and driving clients to the remaining of- stand what the implications are first.

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8942 CONGRESSIONAL RECORD — HOUSE October 19, 2005 That is what this motion would ac- tlewoman understands, I support the within the next 12 months closing the complish. Protecting vital services and food stamp program wholeheartedly offices. benefits offered through the Food and it has been historically supported Ms. DELAURO. Mr. Speaker, I yield 6 Stamp Program is something all of us wholeheartedly in a bipartisan way. We minutes to the gentleman from Wis- share, which is why we need to ensure have never run short on the program, consin (Mr. OBEY). that those charged with administering and everyone who needs to take part in Mr. OBEY. Mr. Speaker, I thank the and carrying out these programs are by this program has always had a meal gentlewoman for yielding me this time. and large public employees. They are and had the food products they needed Mr. Speaker, this motion is really the ones with the expertise. They are in their homes regardless of where they meant to do two things: it is meant to the ones with the experience on the live or their ethnic background or what rein in bureaucratic arrogance on the front lines. And, Mr. Speaker, they part of the country they come from. part of USDA, and it is meant to rein were the ones who made it possible for But this language, in my view, would in bureaucratic arrogance on the part the victims of Hurricane Katrina to tie the hands of some States that are of the State government of Texas. With put food on the table, who showed us implementing the program and distrib- respect to USDA, this motion would that even in the face of all those uting the benefits effectively, includ- prevent the arbitrary and secret clos- failings of leadership government can ing my home State of Texas. But this ing of almost one-third of Farm Serv- make a difference in people’s lives. motion to instruct would also encom- ice Agencies around the country. Making sure that continues is what pass Florida, Pennsylvania, New York, In the agriculture appropriation sub- this motion accomplishes. and California. committee hearing this year, the sub- Mr. Speaker, I reserve the balance of Now, in terms of outsourcing, it is committee chairman asked the USDA my time. my very strong belief that if a State is witnesses if their budget was based in Mr. BONILLA. Mr. Speaker, I yield administering the program effectively any way on an assumption that there myself such time as I may consume. and they have no outsourcing, that is would be a closure of Agriculture De- Mr. Speaker, I rise in opposition to wonderful. That is fine. But if another partment offices. The agency re- the motion but first I would like to State decides, as we do in the State of sponded in the negative. say, Mr. Speaker, that it is a pleasure Texas do it, and I believe the statistic And yet The Washington Post has to work with my ranking member from now is about 14 percent of the program now revealed in a September article Connecticut, a person who comes to is now outsourced, and it works well, that FSA had plans afoot to close 713 work every day wanting to see some se- then we ought to be allowed to do that. Farm Service Agencies around the rious work done and a colleague who So all I am saying is that the language country. When that was discovered, the has always been very direct about what in this motion to recommit would inap- Agriculture Department indicated, she wants to accomplish even when we propriately indicate that Congress does ‘‘Oh, this was just a draft. It was just do have disagreements. not feel like the States ought to be a draft.’’ But in fact USDA had pulled On this particular motion I do agree able to administer this program the all 50 State FSA directors into Wash- with a portion, in the principle of what way they see fit in their community to ington to give them instructions about the FSA portion says in this motion. effectively get the product to the peo- how to go about selecting which offices The gentlewoman is correct the De- ple truly in need. So that is my reason would be closed. partment of Agriculture went about for opposing this motion to instruct. So it seems to me that USDA was there the wrong way in terms of trying Mr. Speaker, I reserve the balance of disingenuous in their response to the to select offices around the country my time. Congress of the United States and that without any input, without any input Ms. DELAURO. Mr. Speaker, I yield 1 any self-respecting Congress would pull from the House or the Senate or, if minute to the gentleman from Missouri that agency’s chain until we get they did choose to listen to input, com- (Mr. SKELTON). straight answers to straight questions. pletely ignored what we had to say. Mr. SKELTON. Mr. Speaker, today I The second issue that this motion When I had conversations with those rise in support of the motion to in- deals with is the question of whether or in charge at USDA, I pointed out ini- struct the conferees regarding the not Texas ought to be able to go off on tially that if there are going to be cuts, USDA spending bill offered by the gen- its own, in violation of Federal law, by we understand that cuts need to be tlewoman from Connecticut (Ms. privatizing the administration of the made. Everybody understands that, but DELAURO). The gentlewoman from Con- food stamp program. we wanted to make sure that if cuts necticut has been a diligent advocate In June of 2004, Texas asked USDA to were made and designated positions for the Nation’s farmers during her approve their request to privatize the were listed that they had to have an first year as ranking member on the administration of that program. The equal number of positions here at Subcommittee on Agriculture, Rural USDA sent them numerous letters re- USDA, at the big conglomerate that we Development, Food and Drug of the questing information that would en- have here in Washington. Committee on Appropriations, and I able USDA to determine whether or am proud to have watched her work not the plan that Texas was providing b 1330 successfully on behalf of the agricul- was rational or not and whether it was Do not just cut the field staff that tural interests of my home State of consistent with law or not; and Texas serves farmers and ranchers around the Missouri. has, frankly, stiffed the agency. country; but, again, let us make it fair Mr. Speaker, this motion asks the If you take a look at the letters sent and let us talk about it. First and fore- conferees to recede to the Senate lan- by the agencies, you will see for in- most, we wanted to talk about it open- guage that stops the United States De- stance that in a letter from USDA to ly and have input because we are the partment of Agriculture from going Senator HARKIN, USDA said: ‘‘We do legislative body that has oversight on forward with its plans to close the not yet have enough information to as- what the executive branch does. Farm Service Agency offices, an initia- certain whether or not Texas’s pro- So I do agree with what the gentle- tive they call FSA Tomorrow, during posal is in compliance with the act in woman has to say. However, the ad- fiscal year 2006. regard to the certification of recipi- ministration has already acknowledged Now, while I join most of my col- ents.’’ It also then went on to say: ‘‘We and listened to these remarks that leagues from rural America in applaud- are concerned with the State’s aggres- many of us have made in the House and ing the USDA for backing away from sive schedule for rolling out this Senate and has chosen to backtrack this proposal yesterday, Congress must project, especially with regard to con- and withdraw the list of proposed cuts, make it crystal clear that the adminis- tingency planning.’’ offices to be closed that was put out tration’s plan is bad, bad for farmers, In another letter from USDA to the just a few days ago. and that we will not fund FSA office- Texas Health and Human Services On the other part of the motion, I closings whatsoever. This is especially Commission, USDA stated: ‘‘FMS would differ greatly with the gentle- true since there has been nothing writ- needs to have clear and coherent nar- woman from Connecticut on the food ten in the law to prevent USDA from rative explanations of the food stamp stamp outsourcing, because as the gen- having a sudden change of heart and certification process that are grounded

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8943 in the contract and its supporting doc- Yes, that is actually what the State erators would help applicants navigate the uments.’’ USDA then went on to tell of Texas is suggesting. And they offer federal and state aid bureaucracy. Mean- Texas: ‘‘We must ensure that your new to these poor people, not all of whom while, Texas Health and Human Services will system is in full compliance with food are literate in English or Spanish much lay off thousands of food stamp workers and stamp rules, regulations, and policy close more than a quarter of state-run eligi- less literate in the language of e-com- bility offices around the state. In their place, and that service to our program clients merce, they offer them an alternative, Accenture plans to hire staff at low hourly is not compromised.’’ which is the one that so many Amer- rates while depending on community organi- Nonetheless, despite that, the Texas ican families have faced, to dial in and zations for volunteers to screen applicants, State government has yet to respond be put on hold, much as the victims of fill out Web-based forms and drive clients to and provide the kind of information Katrina were put on hold. You punch in the remaining offices for certification. that is needed by USDA if USDA is to a number and then you get referred to Six Texas Democratic members of Con- consider approval of their plan. another number and you get to wait gress have written Eric Bost, U.S. undersec- The problem with the Texas plan is retary for food, nutrition and consumer serv- and wait and wait; and maybe eventu- ices, to express concerns. They point out that while recipients are guaranteed ally this company, Accenture, which under the law that they will have an that closing state offices would require chose to establish its base not in Amer- longer travel distances for clients, primarily opportunity to have their eligibility ica but in Bermuda so it could dodge as the elderly, children and the working poor, determined by a State employee, in much of its tax responsibility as it pos- many of whom do not speak English. They fact, what Texas is trying to do is to sibly could, that this company will charge that the expectation of a million circumvent Federal law and allow eli- substitute for a face-to-face evalua- hours of volunteer service to make the plan gibility to be determined by a private tion. work is unrealistic and ‘‘would place an un- acceptable and perhaps impossible burden on party. The problem with that is that if I represent the poorest county in the you have a public servant who denies these organizations, many of whom are vol- United States, Starr County, Texas, unteer-run themselves.’’ you a right, you are entitled under the the poorest statistical metropolitan law and you have a somewhat more di- According to the lawmakers, including area, McAllen-Mission; and a lot of Chet Edwards of Waco, Eddie Bernice John- rect redress than you do if you have a people along the way through the Mes- son of Dallas, and Lloyd Doggett of Austin, private citizen working for a private quite trees up to Austin, Texans, who the current plan to launch the new system company who has no long-term com- depend on food stamps for enough statewide in 11 months ‘‘is a reckless time- mitment to the government and who nourishment to get their kids to table that does not allow time to test or can simply stiff the recipients and does evaluate the new technology or its impact on school, or to be able to survive as a not have to answer questions from the food stamp recipients.’’ senior. These folks are going to be di- government. The U.S. Senate already has banned such The government is supposed to be ac- rectly affected. mass privatizations of food stamp programs. tive in protecting the rights of each Currently, they are able to go in, and Similar legislation is pending in the House. Texas stands to lose federal food assistance and every individual citizen of this certainly along the border area if they feel more comfortable in Spanish, to funding if it goes forward with the Accenture country. Texas is interposing itself to contract and the privatization prohibition prevent that right from actually being talk face-to-face with someone who has expertise in this area, to talk with becomes law. delivered; and in the process, in my The issue of conflict of interest by state of- view, Texas is clearly in violation of them and have that experienced public ficials in the awarding of the contract has the law because they have proceeded servant assess what their needs are and been raised in the past year in Houston with a plan that has not yet been ap- ensure that taxpayers are protected, Chronicle reports. The HHS chief informa- proved by USDA. and that there is not fraud, and ensure tion officer involved in pre-award negotia- Again, any self-respecting Congress, that their needs are fully satisfied. tions was a former employee of a firm in defense of what is existing law, Now those folks in Hebbronville, San partnering with Accenture, and the former HHS deputy commissioner who helped de- would pass this motion so that Texas Diego, George West, and Lockhart are being told go to the Internet or go to velop the bidding procedures subsequently cannot unilaterally obviate State law. went to work for Accenture. IBM, which also Ms. DELAURO. Mr. Speaker, I yield some long-distance number because sought the contract, has sued the state agen- 81⁄2 minutes to the gentleman from you will no longer be able to assess cy alleging bias in the awarding of the pact. Texas (Mr. DOGGETT). your needs on the local level. And in The Austin-based Center for Public Policy Mr. DOGGETT. Mr. Speaker, I ap- McAllen, Mission, and Austin, staff Priorities is urging Texas lawmakers to sup- plaud the gentlewoman for her very will be cut by 50 percent. port a pilot program to test the Accenture important motion to instruct. It is a That is why, Mr. Speaker, I have system before putting it into effect state- motion to instruct that is designed to been joined by 10 of my Texas col- wide. As staffer Celia Hagert points out, the prevent an ideological experiment leagues in questioning this scheme and issue involves access to life supporting bene- fits for the most vulnerable Texans and is being conducted on some of the most raising questions to the U.S. Depart- particularly important for Harris County vulnerable people in our society. It is ment of Agriculture. And I will provide where 13 percent of Texas food stamp recipi- about what has gone wrong in Texas, for the RECORD a report from the Cen- ents reside. but it is much more than that because ter on Public Policy Priorities in Aus- There are plenty of unanswered questions we are about to have a very bad prece- tin, an excellent report, under its di- about the awarding of the Accenture con- dent established that will spread across rector, Judge F. Scott McCown, and tract and its feasibility to justify a delay in this country affecting the old, the with the able participation of Celia C. implementing this radical revamping of the poor, the hungry, the victims of Hagert, analyzing this, as well as an way Texas administers social services. Noth- Katrina, and the victims who are left ing is put at risk by testing the company’s editorial that is on point in today’s ability to adequately fulfill its contract on a behind. Houston Chronicle. small scale. There’s plenty to be lost in liq- As all the Nation saw in the disaster [From the Houston Chronicle, Oct. 19, 2005] uidating a state-run system that has worked that was the Federal response to AN UNTESTED PLAN well in the past and in potentially imperiling Katrina, a hurricane is not the only Texas Health and Human Services officials the health and welfare of tens of thousands time that working poor people in this continue to discuss with their federal coun- of people. country get left behind. The Texas ex- terparts at the Department of Agriculture an periment on poor people suggests that unprecedented billion dollar welfare privat- CONGRESS OF THE UNITED STATES, the answer to food security that food ization contract. It delegates certification HOUSE OF REPRESENTATIVES, stamps provide is to close one out of and enrollment of recipients for programs in- Washington, DC, September 2, 2005. every four offices that people go to to cluding food stamps, Medicaid and the Chil- Re Texas’s misguided plan to privatize the dren’s Health Insurance Program known as eligibility determination process for the assess their food stamp needs, to fire a Food Stamp Program. significant number of public employees CHIP to a private firm, Accenture LLP. ERIC M. BOST, who have expertise in this area, and to There are a number of troubling features in this deal that justify delaying its imple- Under Secretary for Food, Nutrition, and Con- suggest to old and poor and hungry mentation while it is tested on a small scale sumer Services, Department of Agriculture, people that what they need to do in- around the state. Alexandria, VA. stead of turning to a public servant is The pact allows Accenture to set up a DEAR SECRETARY BOST: We are writing to to log on the Internet. handful of calling centers in Texas where op- express our deep concerns about the State of

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8944 CONGRESSIONAL RECORD — HOUSE October 19, 2005 Texas’s efforts to privatize the eligibility de- We appreciate your attention to this im- posed closing 217 offices. An announcement termination process for the Food Stamp Pro- portant matter and request that you contact about office closures is expected this month. gram. As Members of Congress from Texas, us regarding the actions you plan to take in Role of Community-Based Organizations: we are apprehensive about the impact the this matter. Should you have any questions When the state’s plans to use call centers State’s proposal could have on low-income or concerns regarding this issue, please do were first announced in March 2004, HHSC Texans who rely on this assistance, as well not hesitate to contact us. proposed using 600 volunteers and relying on as the precedent this effort sets for such Sincerely, over one million volunteer hours per year practices to be adopted throughout the Na- Hon. Lloyd Doggett, Hon. Henry Cuellar, from nonprofit and faith-based organiza- tion. Hon. Ruben Hinojosa, Hon. Sheila tions, prompting an outcry from nonprofits Texas proposes to replace half of the Jackson Lee, Hon. Al Green, Hon about their inability to take on this respon- State’s eligibility workers with privately Silvestre Reyes, Hon. Eddie Bernice sibility without compensation. contracted employees at four call centers. Johnson, Hon. Charles Gonzalez, Hon. Savings: With the contract announcement, The State would close 99 of its 380 eligibility Chet Edwards, Hon. Solomon Ortiz, HHSC also issued a one-page summary of its offices, which would mean longer travel dis- Hon. Gene Green. cost comparison of the estimated savings tances for many clients, most of whom would possible through a state-operated integrated still be required to go to an office to com- [From the Policy Page, July 7, 2005] eligibility system versus a contracted sys- plete their application and be finger-imaged. tem. HB 2292, the 2003 law that directed the HHSC AWARDS CALL CENTER CONTRACT The State has called on community- and state to evaluate the cost-effectiveness of faith-based organizations to donate over one On June 30, the Health and Human Serv- using call centers, also required HHSC to de- million volunteer hours to assist clients in ices Commission announced a 5-year, $899 termine whether the state or a private com- navigating the more automated system to million contract with Accenture, LLP to re- pany could offer the greatest savings. make up for reductions in the State work- vamp and take over operation of the state’s HHSC’s analysis claims that the contracted force. This would place an unacceptable and eligibility and enrollment systems for Med- system offers the state 8.6% more in savings, perhaps impossible burden on these organiza- icaid, CHIP, Food Stamps, and TANF cash or roughly $210 million over five years. The tions, many of which are volunteer-run assistance. The contract includes mainte- cost comparison attributes 1.5% of these ad- themselves. nance of TIERS (the computer system that ditional savings to the difference in the cost We believe that privatizing the Food will support eligibility determination) and of employee benefits under a contracted sys- Stamp Program offers little advantage and an enrollment broker program for Medicaid tem. The source of the remaining additional may put our most vulnerable citizens at managed care and CHIP clients. The con- savings is not identified in the summary. risk. We are deeply concerned about the im- tract is the latest development in the state’s The savings identified HHSC last week pact the proposal could have on hard-to- plans to move to a more automated system when the contract was announced are higher reach populations, in particular children, for enrolling people in these benefits and will than originally projected in the March 2004 people with disabilities, and seniors seeking lead to the use of four call centers and an business case, which claimed $389 million in food assistance who may have trouble with Internet application, with fewer eligibility savings. At the same time, the total number the more automated approach to enrollment. staff and local offices. Many important de- of staff proposed for the new system has No state has ever privatized the determina- tails about the contract and the new system risen from 3,377 (proposed in March 2004) to tion of eligibility for Food Stamps, and the have not been released yet, including the lo- 5,398. There are other inconsistencies be- wisdom of abandoning the collective knowl- cation of office closures, whether necessary tween last year’s business case analysis and edge and experience of so my current eligi- federal approvals have been granted, and the the documents HHSC released last week bility workers is uncertain at best. It is im- timeline for employee lay-offs and call cen- when the contract was announced, including possible to estimate the number of eligible ter implementation. This Policy Page shares differences in the ‘‘baseline’’ budget (the persons likely to lose Food Stamp benefits as what we know so far about these latest de- cost if we stuck with the current system) they lose access to local offices and face-to- velopments in the state’s plans to use pri- projections for 2006–2010. We anticipate face interviews. Therefore, we are very con- vate call centers to enroll people in public HHSC will release information shortly to cerned about the enormous consequences of benefits. clarify these differences. this proposal. There are still many unan- Nuts and Bolts: Four call centers will be Staff Reductions: According to an HHSC swered questions about the impact of such established to help people apply for and re- presentation to eligibility staff last month, an approach on the Food Stamp program. certify for public benefits. Staffed primarily the total number of staff in the new sys- We know of no plan to evaluate this new by Accenture employees, the call centers tem—including public and private employ- approach even though the State has already will be open from 8 a.m. to 8 p.m., Monday ees—will drop from 5,824 current employees signed a five-year contract that calls for an through Friday, with the ability for callers 11-month statewide rollout. We believe this (as of June 1, 2005) to 5,398. The schedule for to leave a recorded message after hours. The is a reckless timetable that does not allow laying off state workers and achieving the 2–1–1 system, the state’s information and re- enough time to test or evaluate the new overall reduction in force has not been an- ferral network for social services, will be the technology or its impact on Food Stamp re- nounced. Out of the 5,398 remaining staff, portal to the call centers. One call center cipients. A more thoughtful approach would 2,500 jobs will be held private call center em- will be located in Austin, where the CHIP be to test the system in one area for 12 ployees, which means the same number of call center is now (this call center’s duties months, followed by an independent evalua- state staff will lose their jobs (HHSC is com- will be folded into the new call center). The tion. Since the contract was signed before mitted to finding these employees different location of the other three has not been an- the Food and Nutrition Service reviewed and jobs within the HHS system; Accenture also nounced, although San Antonio, Tyler, and granted approval for the plan, we urge you to has indicated a hiring preference at the call adopt this more thoughtful approach as a Odessa are rumored to be candidates. centers for former state workers). In addi- In the new system people will be able to condition of continuing receipt of federal tion to the private sector employees, there apply for benefits over the Internet or via a funds. will be 2,898 state staff: 298 will be assigned We urge you to require the State to submit call center, as well as to check the status of to the call centers, 1,800 to the remaining a request for a waiver of the Food Stamp law their application through an automated field offices, 600 outstationed at hospitals related to merit system employees con- phone system. Some clients will still be re- and clinics, and 200 assigned to traveling ducting eligibility determinations. Should quired to appear in person at a local office to ‘‘SWAT’’ teams that will respond to fluctua- the United States Department of Agriculture complete their application. HHSC staff have tions in staffing needs throughout the state. decide to approve such a waiver, we urge said previously that only those clients with The total number of workers in the new you, at a minimum, to require Texas to pilot a finger imaging requirement (the majority system will be 37% higher than originally test the new system in a limited geographic of the 900,000 households on Food Stamps) projected in HHSC’s March 2004 cost-effec- environment for at least 12 months and to will have to go to a local office. In addition, tiveness study, which proposed staffing the engage an independent entity to produce a clients who request an in-person interview new system with only 3,377 employees. formal evaluation of the pilot program be- with a caseworker will be granted one. Emer- Although the proposed staffing levels are fore the program is permitted to expand. The gency requests for Food Stamps (state law far higher than originally anticipated, the geographic areas selected should be rep- requires benefits to be delivered within 24 number may still be inadequate to deal with resentative of Texas’s diverse ethnic and lin- hours) are expected to be processed at local the growing workload in the system, even if guistic population, and should encompass offices, rather than through the call center. the improvements anticipated from better rural areas to determine the challenges rural The local workforce centers that assist technology and a more automated enroll- residents will face in a system with such HHSC clients with employment services (ad- ment process are actually realized. Staff re- drastically reduced local services. ministered by the Texas Workforce Commis- ductions over the last eight years have Should you decide to grant such a waiver, sion through a system of locally run regional caused disruptions in services to clients and we request that you not do so before a de- workforce development boards) will still pro- breaches in customer service, resulting in tailed background briefing for our offices vide these services and monitor whether cli- lawsuits. These cuts were made despite grow- and a public hearing before Congress. The ents are complying with program work re- ing caseloads and workload and have badly public needs to understand the implications quirements. damaged the foundation for the current eli- of privatizing such a critical and basic part One hundred (100) offices will be closed, gibility system. Inadequate resources have of the Food Stamp Programs. leaving 281 open. HHSC had originally pro- been compounded by complicated eligibility

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8945 rules that vary across programs, a hard-to- this proposal, and in today’s editorial, I believe that the editorial in today’s serve clientele, and a constantly changing the former Texas Health and Human Houston Chronicle sums up the prob- policy environment. All told, the proposed Services Deputy Commissioner who lems in talking about the difficulties of renovation faces a great deal of major re- helped develop the bidding procedures relying on a handful of calling centers, pairs. While the new system may resolve to close down these offices and sub- some of these shortcomings, no system, no closing more than a fourth of the matter how efficient or modern, can make up stitute the Internet and Accenture’s State-run eligibility offices, not allow- for shortages in the workforce. telephone lines to who knows where ing time to test or evaluate the new Timeline: The first call center is expected then went to work for Accenture, sur- technology or its actual impact on food to begin operations in Austin in November prisingly enough. It sounds a lot like stamp recipients, the conflict of inter- 2005, with remaining call center operations the cronyism in Washington we have est by State officials in awarding the and system changes phased in beginning in been hearing so much about lately. The contract, and the call of the Center for January 2006. The statewide roll-out is esti- situation was so bad that IBM, Inter- Public Policy Priorities to support a mated to be complete by the end of 2006. This national Business Machines, which also l4-month timeline may not allow adequate pilot program. I also find it indeed time to test the new technology needed to bid on this contract, after this person ironic, and I agree with the chairman support the system or to assess clients’ abil- set the procedures and then went off to on the importance of not prematurely ity to grapple with a more automated ap- work for the people who were awarded closing these Farm Service Agencies proach to enrollment. Although pressure the contract, has sued the State of because this is what this motion to in- from the legislature—the final state budget Texas alleging bias in the award. struct also is about. I represent a num- for 2006–2007 assumed a reduction of more My concern is that we not shift to an ber of those rural producer areas. If we than 4,000 HHSC eligibility staff—may be impersonal system that does not meet are not going to close those offices, driving such an aggressive timeline, a slow- the needs of poor people in our State why is it again that the poor people er, more rational approach to such drastic and at the same time, as the Houston changes would produce a better system in who are applying for food stamps, that Chronicle points out today, it is ‘‘an the long run while mitigating the risks of their offices get closed. That is what unprecedented billion-dollar privatiza- going too fast. will happen if this motion to instruct The Pros and Cons of Privatization: CPPP tion contract,’’ that the taxpayers do which has been ably worded by the gen- acknowledges that private companies may not end up losing even as the most vul- offer innovations and savings the state could nerable people in our society lose. tlewoman from Connecticut (Ms. not achieve on its own. However, although This privatization scheme relies not DELAURO) is not adopted. the additiona1 15-year savings of $210 million on experienced public servants, but it I hope my colleagues in a bipartisan achievable through privatization (versus a will shift more of the burden to com- way will join with the expressions of state-run, revamped system) sounds impres- concern from the U.S. Department of sive, much of these projected additional sav- munity volunteers, to churches, and to local nonprofits. And while it is great Agriculture and put a stop to this until ings are likely the result of reductions in it is market tested and before this salary, health benefits, and pension plans. To to have those people and organizations make room for these savings, thousands of as part of our social safety network, faulty experiment is foisted off on both well-paying state jobs with family-sup- they cannot substitute for the experi- the taxpayer and the hungry people of porting health, vacation, and retirement enced backup, as we found in the Hurri- America. benefits will be replaced with lower-paying cane Katrina disaster, of a public safe- Mr. BONILLA. Mr. Speaker, I yield private sector jobs with fewer benefits. Most ty net. That is what this motion to in- back the balance of my time. notably, according to HHSC’s presentation Ms. DELAURO. Mr. Speaker, I yield to eligibility staff, Accenture will not con- struct preserves. Mr. Speaker, if you do not have ac- myself the balance of my time. tribute to dependent health benefits such as Mr. Speaker, I want to say to the the state does for its employees, opting in- cess to the Internet, do not want to be gentleman from Texas (Mr. BONILLA), stead for a flexible spending account option put on hold indefinitely to some un- that allows employees to set aside their own known line across the world to wher- his opening comments and his con- pre-tax income to pay for dependent health ever Accenture locates its phone cen- versations with USDA with regard to premiums and other out-of-pocket medical ter, the only other alternative is to get the Farm Service Agency field offices, costs. The loss of employer-sponsored de- in the car and drive. We all know if we it sounds like we had very, very similar pendent health coverage may lead to an in- conversations. I think we both agree, crease in need for publicly funded health in- are going to have to drive with all of the nearby offices closed to one far even in light of yesterday’s letter, it is surance—increasing these costs for the good to trust but it is also good to state—or more uncompensated care that will away, that also because of the policies be borne by local governments and tax- of this administration the price of gas- verify. payers. With privatization also comes in- oline has gone out the roof. With regard to the second portion of creased risk, which may outweigh the sav- I think as a practical matter, putting the motion to instruct with which the ings associated with outsourcing. this scheme on hold, it is clear that the chairman has concerns, I would say Other Issues and Concerns: It is also un- administration, the response that I got that the Food Stamp Program is a Fed- clear whether HHSC has received the nec- only within the last few days from an eral program. Fifty percent of the ad- essary approvals from the federal agencies Under Secretary of Agriculture, indi- ministrative costs are Federal, 100 per- that administer these programs and share cent of the benefits are Federal. In our the cost of the benefits they provide. These cating that there were concerns with agencies will have to approve the cost-reim- the speedy nature of the way the State bill there is $40 billion that we are bursement methodology in the contract, the had gone about this proposal, con- about to appropriate for this program; allocation of costs to the federal agencies cerned the Department of Agriculture. and, in fact, I think we cannot willy- that administer these programs, and the de- They raised a number of questions. I nilly make changes in the program cision to privatize the eligibility system, think this is consistent with their con- without coming back to the Federal which could require a waiver of federal law cerns to not rush into this. Government for waivers as such. that HHSC has not requested. Both the Fed- In the event we are to move to such In closing, let me say this motion is eral Food Stamp and Medicaid statutes re- an insensitive system, it ought to at the right thing to do. I would repeat it quire public employees to determine eligi- is twofold, codifying USDA’s decision bility for these benefits. least be market tested. No business— and we are always hearing about the yesterday to keep open more than 700 b 1345 importance of running government as a FSA offices, returning jurisdiction of Mr. Speaker, the idea of ensuring as business—would go off with this kind the issue to the hands of Congress much efficiency in this program, as of scheme if it were introducing a new where it belongs, and ensuring that our will all, is one that I applaud. But the product without at least testing it. food stamp programs are not way that the State of Texas has gone That is what we have been calling for. privatized. about it is very troubling. Indeed, to- Before you do an experiment on all of With respect to FSA, I would repeat day’s vote on this motion to instruct is the poor and hungry people of Texas this motion is needed because even a vote for food security, a vote for that could spread across the country, though the FSA Tomorrow Plan has health security, and a vote against cro- at least do some limited testing on been shelved for the time being, we are nyism. that proposal and see if it works or it already hearing reports that USDA is As noted in a series of reports that creates more cost to the taxpayer and contemplating reviving this plan, per- the Houston Chronicle undertook on more pain to the hungry. haps under a new name, and Congress

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8946 CONGRESSIONAL RECORD — HOUSE October 19, 2005 needs to ensure that the people im- vote is objected to under clause 6 of there are hereby appropriated such sums as pacted most directly by this plan, our rule XX. may be necessary for such purpose. Grants farmers, have a say in how that mod- Record votes on postponed questions and payments may be made pursuant to this ernization plan is carried out. will be taken later today. authority through the first quarter of fiscal year 2006 at the level provided for such ac- On the latter point with respect to f tivities through the first quarter of fiscal food stamps, I would repeat, this is not PROVIDING FOR CONCURRENCE BY year 2005. just a Texas issue. The Federal Govern- HOUSE WITH AMENDMENTS IN SEC. 103. ELIMINATION OF MEDICARE COVERAGE ment and taxpayers all over the coun- SENATE AMENDMENT TO H.R. OF DRUGS USED FOR TREATMENT try pay half the cost of running the OF SEXUAL OR ERECTILE DYSFUNC- 3971, QI, TMA, AND ABSTINENCE Food Stamp Program. That means that TION. PROGRAMS EXTENSION AND we, the Congress, have an obligation to (a) IN GENERAL.—Section 1860D–2(e)(2)(A) HURRICANE KATRINA UNEM- of the Social Security Act (42 U.S.C. 1395w– ensure that the program is run effec- PLOYMENT RELIEF ACT OF 2005 102(e)(2)(A)) is amended— tively, efficiently and in compliance (1) by striking the period at the end and in- with the law. Mr. MCCRERY. Mr. Speaker, I move serting ‘‘, as such sections were in effect on The Food Stamp Program is oper- to suspend the rules and agree to the the date of the enactment of this part.’’; and ating with the lowest error rate it has resolution (H. Res. 501) providing for (2) by adding at the end the following: ever had, the results of years of work the concurrence by the House with ‘‘Such term also does not include a drug by USDA, State and local employees, amendments in the amendment of the when used for the treatment of sexual or and bipartisan support from this insti- Senate to H.R. 3971. erectile dysfunction, unless such drug were The Clerk read as follows: used to treat a condition, other than sexual tution. We do not want to see a repeat or erectile dysfunction, for which the drug of what happened in Colorado where H. RES. 501 has been approved by the Food and Drug Ad- the State spent millions of Federal Resolved, That, upon the adoption of this ministration.’’. funds on a computer system that not resolution, the House shall be considered to (b) CONSTRUCTION.—Nothing in this section only did not work, but prevented thou- have taken from the Speaker’s table the bill shall be construed as preventing a prescrip- sands of needy people from getting gov- H.R. 3971, with the Senate amendment there- tion drug plan or an MA–PD plan from pro- ernment benefits like food assistance to, and to have concurred in the Senate viding coverage of drugs for the treatment of amendment to the bill with the following and health insurance. Particularly sexual or erectile dysfunction as supple- amendments: mental prescription drug coverage under sec- with many believing the State of Texas In lieu of the matter proposed to be in- tion 1860D–2(a)(2)(A)(ii) of the Social Secu- is counting on the White House to serted by the amendment of the Senate to rity Act (42 U.S.C. 1395w–102(a)(2)(A)(ii)). override any efforts by USDA officials the bill, insert the following: (c) EFFECTIVE DATES.—The amendment to rein in this plan, we know Congress SECTION 1. SHORT TITLE. made by subsection (a)(1) shall take effect as must address this issue and do it imme- This Act may be cited as the ‘‘QI, TMA, if included in the enactment of the Medicare diately. and Abstinence Programs Extension and Prescription Drug, Improvement, and Mod- In all these instances, we are re- Hurricane Katrina Unemployment Relief Act ernization Act of 2003 (Public Law 108–173) minded of the same thing, that govern- of 2005’’. and the amendment made by subsection ment has an obligation to people, TITLE I—HEALTH PROVISIONS (a)(2) shall apply to coverage for drugs dis- pensed on or after January 1, 2007. whether it is ensuring our most needy SEC. 101. EXTENSION OF QUALIFIED INDIVIDUAL (QI) PROGRAM. SEC. 104. ELIMINATION OF MEDICAID COVERAGE citizens receive food stamps or our OF DRUGS USED FOR TREATMENT (a) THROUGH SEPTEMBER 2007.—Section farmers receive the services they need OF SEXUAL OR ERECTILE DYSFUNC- 1902(a)(10)(E)(iv) of the Social Security Act TION. to keep planting, harvesting, and sell- (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended by (a) IN GENERAL.—Section 1927(d)(2) of the ing crops. This is about the Congress, striking ‘‘September 2005’’ and inserting this institution, its role in ensuring Social Security Act (42 U.S.C. 1396r–8(d)(2)) is ‘‘September 2007’’. amended by adding at the end the following that the American people tackle their (b) EXTENDING TOTAL AMOUNT AVAILABLE new subparagraph: FOR ALLOCATION.—Section 1933(g) of such Act toughest challenges together. That is ‘‘(K) Agents when used for the treatment of (42 U.S.C. 1396u–3(g)) is amended— our responsibility to the American peo- sexual or erectile dysfunction, unless such (1) in paragraph (2)— ple, and fulfilling that obligation is agents are used to treat a condition, other (A) by striking ‘‘and’’ at the end of sub- what this motion would accomplish. than sexual or erectile dysfunction, for paragraph (B); which the agents have been approved by the Mr. Speaker, I yield back the balance (B) by striking the period at the end of Food and Drug Administration.’’. of my time. subparagraph (C) and inserting a semicolon; (b) ELIMINATION OF FEDERAL PAYMENT The SPEAKER pro tempore (Mr. and UNDER MEDICAID PROGRAM.—Section 1903(i) TERRY). Without objection, the pre- (C) by adding at the end the following new of such Act (42 U.S.C. 1396b(i)) is amended— subparagraphs: vious question is ordered on the motion (1) by striking ‘‘or’’ at the end of paragraph ‘‘(D) for the period that begins on October to instruct. (19); 1, 2005, and ends on December 31, 2005, the There was no objection. (2) by striking the period at the end of total allocation amount is $100,000,000; The SPEAKER pro tempore. The paragraph (20) and inserting ‘‘; or’’; and ‘‘(E) for the period that begins on January question is on the motion to instruct (3) by inserting after paragraph (20) the fol- 1, 2006, and ends on September 30, 2006, the lowing new paragraph: offered by the gentlewoman from Con- total allocation amount is $300,000,000; ‘‘(21) with respect to amounts expended for necticut (Ms. DELAURO). ‘‘(F) for the period that begins on October covered outpatient drugs described in section The question was taken; and the 1, 2006, and ends on December 31, 2006, the 1927(d)(2)(K) (relating to drugs when used for Speaker pro tempore announced that total allocation amount is $100,000,000; and treatment of sexual or erectile dysfunc- ‘‘(G) for the period that begins on January the ayes appeared to have it. tion).’’. 1, 2007, and ends on September 30, 2007, the Ms. DELAURO. Mr. Speaker, on that (c) CLARIFICATION OF NO EFFECT ON DETER- total allocation amount is $300,000,000.’’; and I demand the yeas and nays. MINATION OF BASE EXPENDITURES.—Section (2) in paragraph (3), in the matter pre- The yeas and nays were ordered. 1935(c)(3)(B)(ii)(II) of such Act (42 U.S.C. ceding subparagraph (A), by inserting ‘‘, (D), The SPEAKER pro tempore. Pursu- 1396v(c)(3)(B)(ii)(II)) is amended by inserting or (F)’’ after ‘‘subparagraph (B)’’. ‘‘, including drugs described in subparagraph ant to clause 8 of rule XX, further pro- (c) EFFECTIVE DATE.—The amendments (K) of section 1927(d)(2)’’ after ‘‘1860D–2(e)’’. ceedings on this question will be post- made by this section shall be effective as of (d) EFFECTIVE DATE.—The amendments poned. September 30, 2005. made by this section shall apply to drugs dis- f SEC. 102. EXTENSION OF TRANSITIONAL MED- pensed on or after January 1, 2006. ICAL ASSISTANCE (TMA) AND ABSTI- ANNOUNCEMENT BY THE SPEAKER NENCE EDUCATION PROGRAM. TITLE II—ASSISTANCE RELATING TO PRO TEMPORE Effective as if enacted on September 30, UNEMPLOYMENT The SPEAKER pro tempore. Pursu- 2005, activities authorized by sections 510 and SEC. 201. SPECIAL TRANSFER IN FISCAL YEAR ant to clause 8 of rule XX, the Chair 1925 of the Social Security Act shall con- 2006. tinue through December 31, 2005, in the man- Section 903 of the Social Security Act (42 will postpone further proceedings ner authorized for fiscal year 2005, notwith- U.S.C. 1103) is amended by adding at the end today on motions to suspend the rules standing section 1902(e)(1)(A) of such Act, the following: on which a recorded vote or the yeas and out of any money in the Treasury of the ‘‘(e) SPECIAL TRANSFER IN FISCAL YEAR and nays are ordered, or on which the United States not otherwise appropriated, 2006.—Not later than 10 days after the date of

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8947 the enactment of this subsection, the Sec- tember 30, 2007, instead of the date of on Sunday, and they know that Bible retary of the Treasury shall transfer from December 2006 which was included in verse that says: By your deeds you the Federal unemployment account— the previously passed House bill. shall know them. It is not the fact that ‘‘(1) $15,000,000 to the account of Alabama In addition, the bill before us in- you go down there and stand around for in the Unemployment Trust Fund; ‘‘(2) $400,000,000 to the account of Louisiana cludes the Senate-passed extension of photo ops; it is what you do when you in the Unemployment Trust Fund; and the Abstinence Education Program come back to Washington, D.C. ‘‘(3) $85,000,000 to the account of Mississippi which was not included in our earlier- Now, there is not enough of anything, in the Unemployment Trust Fund.’’. passed version of this bill. most especially the strong shoulders of SEC. 202. FLEXIBILITY IN UNEMPLOYMENT COM- Mr. Speaker, I would urge all Mem- the Federal Government, in this bill. PENSATION ADMINISTRATION TO bers today to do the same thing they This legislation offers no real relief to ADDRESS HURRICANE KATRINA. did 2 weeks ago and support this bill jobless disaster victims. It did not 13 Notwithstanding any provision of section 302(a) or 303(a)(8) of the Social Security Act, and pass it to give badly needed assist- days ago, and it does not today. We any State may, on or after August 28, 2005, ance to those States along the gulf continue to ignore three major prob- use any amounts received by such State pur- coast who are experiencing very much lems: suant to title III of the Social Security Act increased unemployment due to Hurri- First of all, 6,000 people have already to assist in the administration of claims for cane Katrina. exhausted unemployment benefits in compensation on behalf of any other State if Mr. Speaker, I reserve the balance of Alabama, Louisiana, and Mississippi. a major disaster was declared with respect to my time. There is no extension for them. An- such other State or any area within such Mr. MCDERMOTT. Mr. Speaker, I other 20,000 jobless workers in these other State under the Robert T. Stafford States are projected to run out of bene- Disaster Relief and Emergency Assistance yield myself such time as I may con- Act by reason of Hurricane Katrina. sume. fits by Christmas. Nothing is done for SEC. 203. REGULATIONS. Mr. Speaker, I want to begin by giv- them. These workers need a federally The Secretary of Labor may prescribe any ing a weather report. In the Caribbean funded extension of their benefits while operating instructions or regulations nec- there is another hurricane developing they put their lives back together and essary to carry out this title and any amend- called Wilma. It is a stage 5 and it is search for employment. ment made by this title. headed toward the Florida keys. So I Secondly, Mississippi, Alabama, and Amend the title so as to read: ‘‘To extend think Members ought to be listening if Louisiana had the three lowest levels medicare cost-sharing for qualifying individ- they live in the State of Florida be- of average weekly unemployment bene- uals through September 2007, to extend tran- fits in the entire Nation. In all three sitional medical assistance and the program cause 13 days ago we stood right here for abstinence education through December and called for an appropriate Federal States, the average benefit is less than 2005, to provide unemployment relief for response for the people in the gulf $200 a week. That is about half the pov- States and individuals affected by Hurricane coast. erty level for a family of four. Now, ask Katrina, and for other purposes.’’. yourself, is that the best we can do? I b 1400 The SPEAKER pro tempore. Pursu- mean, after we spent all that money in ant to the rule, the gentleman from One that would rise to the same level Iraq, is that the best we can do for the Louisiana (Mr. MCCRERY) and the gen- of responsibility as the waters that gulf coast, offer people half of poverty? tleman from Washington (Mr. rose and flooded the homes, hopes, and The Federal Government should step in MCDERMOTT) each will control 20 min- communities along the gulf coast. Our and help people get up on their feet, utes. response was inadequate then, and it is not down on their knees. The Chair recognizes the gentleman only worse today. I certainly want to The third problem with this bill is from Louisiana (Mr. MCCRERY). exempt the gentleman from Louisiana the disaster-affected States are seeing Mr. MCCRERY. Mr. Speaker, I yield from what I say here because I know an enormous surge in unemployment myself such time as I may consume. that this is not a bill that he produced. claims. In Louisiana alone, new claims Mr. Speaker, the bill before us today He is being sent out here by his leader- for unemployment benefits have surged is a compromise between a bill that the ship to put this bill on the floor, and it 10 times the normal level, 10 times the House has previously passed dealing is not what he would do for the people normal level; and State officials expect with unemployment insurance benefits of Louisiana. Katrina-related unemployment bene- for the affected States on the gulf Tens of thousands of Americans are fits to exceed $800 million. That money coast that were devastated by Hurri- without housing, health coverage, pro- is supposed to come from a State econ- cane Katrina and the Senate bill which tection of children, and without unem- omy that has been devastated by the addressed the same issue. ployment benefits or their employ- loss and dislocation of 70,000 busi- There were other matters included in ment. Tens of thousands are filing for nesses. It just does not work. If you do one or other of the bills, including the unemployment benefits; benefits are not have people working paying unem- extension of the Transitional Medical running out for thousands more. The ployment insurance, you are not going Assistance Program, which continues magnitude of the disaster is unmistak- to have the money to pay benefits. Medicaid for families leaving welfare able, and the Republican response has Under Louisiana law, once their un- for work, the Abstinence Education been unconscionable. This is a con- employment trust fund slips below a Program, and the QI–1 program tinuing disaster. The storm was weeks certain level, automatic benefit cuts through which State Medicaid pro- ago, but this continues. for jobless workers and tax increases grams help low-income seniors pay In this time of domestic crisis, the for employers are triggered into effect. Medicare part B premiums. Republican survival kit has been to This bill does nothing about that. That Also, this bill is completely paid for, give people in the gulf a teaspoon to means people receiving unemployment and the pay-for in this bill is the same empty the ocean out of their lives, and benefits in Louisiana of less than $200 a as it was in the House bill when it here we are 13 days later doing what we week will see their benefits slashed by passed the House floor a couple of did 2 weeks ago. It is unlucky 13, be- as much as $37 a week starting in Janu- weeks ago, and that is to prohibit cause the Republicans have redefined ary, the way things are right now. Medicare and Medicaid coverage of the Federal response to a natural dis- From the beginning, the Federal re- drugs for treatment of erectile dysfunc- aster to include a legislative disaster, sponse to this national disaster has tion. this bill. Republicans wring their hands been bungled, inept, and very suspect. Mr. Speaker, the compromise bill and they exude political concern for We owe the people of the gulf coast today includes the very same unem- people affected by the hurricane, but something more than our sympathies. ployment insurance benefits that were they do not walk the talk. We know the problems, and the Federal included in the previously passed Mr. Speaker, I think you can tell the Government can solve these problems; House bill. We make a few changes in President he can go to the gulf coast as but we are not going to do that again the effective days of some of the pro- many times as he wants. He has been today. Instead, again, the Republicans grams I referred to earlier. For exam- there six already. It will not do any want to pass a bill that sends a lump ple, the QI–1 program in the bill before good, because all those people down sum of money to these hard-hit States us today is extended through Sep- there read the Bible and go to church to bear yet another burden.

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8948 CONGRESSIONAL RECORD — HOUSE October 19, 2005 The lump sum is not enough, because their heart and their head and not work with them to provide additional it covers less than half the cost of reg- their chin. Meager is the only word assistance. ular unemployment claims caused by that I could use here to describe what Mr. Speaker, I must add that this the disaster. If you are going to do a their response to Hurricane Katrina is, House and indeed this Congress has lump sum, at least do a lump sum that but that is where the Republicans are passed and the President has signed meets what you know is happening. Do heading, another meager response. over $62 billion of relief for the disaster not give them half. Where are they sup- There is still time to change the stricken States along the gulf coast. I posed to get the other half, give them course. There is still time for the Fed- do not know of anyone who would call a tin cup and stand on the corner? eral Government to be an agent of good that a meager response. That is indeed There is no money at all to extend ex- that it is supposed to be. Mr. Speaker, a very robust response. Yes, we are ex- piring benefits or to supplement the domestic security includes a roof over periencing some difficulties in getting meager benefits currently available. your head, a hot meal, and a helping that money out the door, on the With an effort like this, the Republican hand to rebuild the life lost through no ground, to the purposes for which it House is using Michael Brown’s FEMA fault of your own. What the Repub- was intended; but those are bureau- as a model, that is, Way to go, Brown- licans continue to provide is a tarp and cratic problems that we have with any ie. a can and a good luck sign. We do not large government program. But the Ask people in the shelters, ask people need thumbs up. We need wheels down, money has been appropriated, Congress with no place to call home, ask Ameri- and bring the help. has taken action, the President has cans on any street corner, and they Mr. Speaker, I reserve the balance of signed those bills, and the money is would be embarrassed all over again. my time. there waiting to be spent. So I do not We are giving $500 million. It sounds Mr. MCCRERY. Mr. Speaker, I yield call that a meager response. I call that like a lot of money, right? We have $25 myself such time as I may consume. a robust response, a very quick re- billion in the fund that we could use Mr. Speaker, first of all, I want to sponse; and today’s bill is just another for this purpose. We are out of touch, thank the gentleman from California step in providing an immediate re- and the people in Louisiana and Ala- (Mr. THOMAS) and the gentleman from sponse to the problems. bama and Mississippi are running out New York (Mr. RANGEL), chairman and Again, I can assure this House that of time. ranking member of the Ways and my State very badly needs the provi- As things stand, it is really getting Means Committee. I also want to sions of this bill today and very badly worse every day for disadvantaged thank the gentleman from Louisiana wants this bill to be passed and signed Americans, and we are making them (Mr. JEFFERSON) and the gentleman by the President. Then, if there is more pay for the folly. The majority will lo- from Washington (Mr. MCDERMOTT), needed down the road, we can come cate the storm directly over the heads my distinguished colleagues on the back and address that at the appro- of every disadvantaged and disenfran- committee. A lot of people have priate time; but today I believe this is chised American. Fiscal offsets did not worked hard on this issue of unemploy- an appropriate response of this House concern Republicans when they gave ment insurance. I also want to thank and this Congress to help these States every millionaire a $100,000 tax break the staff of the Ways and Means Com- with their immediate unemployment or charged the people of the United mittee on both sides of the aisle, Dem- insurance needs to keep the taxes on States $215 billion for an illegal war in ocrat and Republican, for jumping in their employers in those States from Iraq. We could put that on future gen- very early after Katrina hit to start going up at the very time when we erations, but not this bill. This one we dealing with all of these issues within need to encourage businesses to re- have to put on the backs of the people. our jurisdiction that affect the victims start, to reinvest, and to retire employ- We had to find offsets; we had to cut of this disaster. Thanks to the hard ees. something to meet the needs of Ameri- work of members of the committee and Mr. Speaker, again, I would urge pas- cans affected by one natural disaster. staff, we have been able to pass already sage of this very badly needed legisla- Republicans demanded that the dis- a number of bills that the President tion today. advantaged pay the price. Their re- has signed to help mitigate the dis- Mr. Speaker, I reserve the balance of sponse is to put food on the table of aster. my time. one American family by making it This bill before us today is one that Mr. MCDERMOTT. Mr. Speaker, I harder on the folks next door. Share I can assure the Members of this House yield 4 minutes to the gentleman from the pain? No, no, no. Republicans shift and the gentleman from Washington Ohio (Mr. BROWN). the blame and the pain to the least that my State very badly wants right Mr. BROWN of Ohio. Mr. Speaker, able to fight back. now; it is very badly needed. They are today the House of Representatives is Mr. Speaker, President Bush went in fact spending money from their un- doing the right thing about health down and promised that we would do employment trust fund at a very fast care. The QI program helps low-income whatever it took to help these people clip, and their part of this $500 million beneficiaries cover the cost of the get back on their feet. Well, it takes will give them a badly needed infusion Medicare premium. Without this pro- more than going down and standing in of cash to stop the bleeding in their gram, many elderly Americans would front of a mike and giving a photo op own unemployment trust fund. sink below poverty as they attempt to and then coming home and doing noth- So although the gentleman from pay for doctors’ visits out of pocket. ing. You have to come up here and in- Washington may be right in saying That not only places the elderly at sist that the Congress respond. The that this is not enough to cover every- risk; it is wasteful from a fiscal per- President has not done that. The peo- thing that the State will lose as a re- spective. When Medicare eligibles can- ple in Louisiana, Mississippi, and Ala- sult of this disaster, nonetheless, it is a not afford the premium associated with bama are waiting for the President to very, very important infusion of cash doctors’ visits and other outpatient make good on his promise. My advice right now to my State and to Mis- services, Medicaid becomes their in- to those folks is do not hold your sissippi and to Alabama to help them surer of last resort. Absent QI, this pro- breath. in this very bad time shortly after the gram, more elderly Americans and in- People across America are watching storm when unemployment is reaching dividuals with disabilities would need and hoping for the President to say its peak. Federal and State assistance through something other than, Brownie, you So, again, just as I did 2 weeks ago, I Medicaid in addition to their Medicare have done a heck of a job. would urge the gentleman from Wash- hospital coverage. Denial is not an appropriate response ington and others in this House not to to this natural disaster, and that is stop this bill from passing. Work with b 1415 what this House is doing. Responsi- us later to perfect other bills which Investing in premium assistance now bility and relief are what is needed and may be needed when we get more evi- saves both Federal dollars and State required by the Federal Government. dence in as to the financial effects on dollars. The Republicans are in charge from top these States because of the effects of This bill also extends the Transi- to bottom. It is time they lead with the disaster, and we will certainly tional Medical Assistance Program,

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8949 TMA. It provides health insurance to about our faith in doing to the least of kinds of problems with whatever the families as they move from welfare to these among us. gulf coast did or did not do, but the the workforce. It is both a public We ought to think about our faith in people deserve our best effort here in health imperative and a jobs initiative. making this country a better place, this House. Similar to the QI, it is an investment and frankly, my friends on the other For that reason, I intend to support to the Federal budget in the long run, side of the aisle have failed miserably this bill, and the gentleman from Ohio in this case by promoting workforce on that account. (Mr. BROWN) will, I am sure, and I participation. Mr. MCCRERY. Mr. Speaker, I yield think the gentleman has a unanimous Ideally, today’s legislation would myself so much time as I may con- vote here, but we took this time be- make QI and TMA programs permanent sume. cause we wanted to say that we so that these all-too-frequent reauthor- Mr. Speaker, again, I want to thank thought it was necessary to think izations would no longer be necessary. the gentleman from Ohio for his con- much more broadly and comprehen- I hope we can work on a bipartisan tributions to perfecting the part of this sively about this than I think the lead- basis to secure a permanent authoriza- legislation that concerns the QI pro- ership on the Republican side was will- tion. gram and the extension of that pro- ing to look at at this time. They are At the beginning of my remarks I gram. His input, as well as many oth- going to have to face it soon. said today the House of Representa- ers in this House, were very valuable in Mr. Speaker, I yield back the balance tives is doing the right thing about allowing us to reach a compromise and of my time. health care. Unfortunately, yesterday get this bill to the floor. So I thank Mr. MCCRERY. Mr. Speaker, I yield they were not, this body was not. The him for that. myself so much time as I may con- day before this body was not doing the With respect to Medicare premiums, sume. right thing about health care, and we are all concerned about that. The Mr. Speaker, just in closing, again I week before, week before, week before gentleman makes a valid point. He, of would like to thank the gentleman this they were not doing the right course, knows very well that the Medi- from Washington (Mr. MCDERMOTT), thing about health care. care premiums are simply a function of my colleague on the Committee on Now, as we talk about Katrina, pay- the cost of the Medicare part B pro- Ways and Means, for being so construc- ing for this terrible tragedy that hap- gram and have nothing to do with tive throughout this process. He has pened along the gulf coast, some Re- taxes of any sort in this country. We tried to offer constructive suggestions for inclusion in this legislation. Unfor- publicans want to cut Medicaid by $12 are all concerned about trying to hold tunately, we have not been able to ac- billion, $15 billion cut, cut other kinds down the increases in medical costs, commodate all of his requests, but we of programs, increase Medicare pre- not only for Medicare beneficiaries but have included, for example, the flexi- miums, cut out all kinds of programs for everybody in our society. bility with the use of this money for that serve the working poor. Other Re- I would urge the gentleman from the States to increase benefits if they publicans simply want to add this cost Ohio and others to join us in trying to so choose on a temporary basis, to do of Katrina, as they add the $1 billion a attack the root causes of those cost in- some of things that the gentleman week for the Iraq War, to the national creases, such as medical malpractice from Washington (Mr. MCDERMOTT) deficit so that our kids and our reform, which we passed through this was so rightly concerned about. grandkids can pay the cost. House but we cannot quite get through So, again, I appreciate his input, as I Unfortunately, no Republican, to my the Senate. Maybe with the gentle- do the input of other members of the knowledge, is standing up and saying man’s help, we can get those things committee on this issue, and urge all of maybe we ought to cancel the tax cuts passed and get those costs under con- us to continue to work together to try that are for the wealthiest 1 percent of trol so we can control the increases of to appropriately respond to this dis- Americans. So the choice has become the Medicare part B premium. aster, as well as any others that we un- this. My friends on the other side of Mr. Speaker, I reserve the balance of fortunately experience in this country. the aisle say let us give tax cuts to the my time. With that, Mr. Speaker, I would urge wealthy, and then we have to cut Med- Mr. MCDERMOTT. Mr. Speaker, I passage of H. Res. 501. icaid. Then we have to raise Medicare yield myself such time as I may con- Mr. CUMMINGS. Mr. Speaker, I rise today premiums. Medicare premiums already sume. to support the reauthorization of the Qualified having gone up 50 percent in the last 4 I think the gentleman from Lou- Individual (QI–1) program, which helps over years, 50 percent in the last 4 years. isiana should hear our comments as 161,000 low-income elderly and disabled Seniors were just notified they are being supportive of the problems. It is Medicare beneficiaries with incomes between going to pay almost $90 a month for not that we do not think they have 120 and 135 percent of poverty to pay their their Medicare premium, and do my done something. It just needs to be Medicare Part B premiums. This critical pro- colleagues know why? It is because my more, and I say it for two reasons. gram expired on September 30, 2005. friends on the other side of the aisle One is that I think that the people of The Qualified Individual program saves eligi- are slavish devotees to tax cuts for the the gulf coast really are going to need ble participants approximately $1,000 per wealthiest Americans. more. I can predict almost without any year. We’re talking about individuals who usu- So, as wealthy Americans see their fear at all that we will be back out ally pay for most of their living expenses out incomes go up and up and up, as the here in 3 months or 2 months or 1 of checks that range in amount from $1,097 to minimum wage has stayed flat for 5 month or whatever asking for more $1,464 per month. Just to emphasize, that years, as wages for 95 percent of the money to fill up the problems. I think equates to a meager $13,164 to $17,568 in American people have been stagnant, this paying a little at a time is just not total income per year. Needless to say, this we have got to give tax cuts for the the best way to do it, but if my col- assistance serves as a vital resource for a wealthiest people in this country, to leagues have to do it that way, they very vulnerable sector of our population. the richest people making over $250,000, have to do it that way. Mr. Speaker, both the House and the Sen- $300,000 a year, and then we have to cut The second reason I stand up here ate have passed bills to reinstate the program. Medicaid. Then we have to increase and respond in this way is that I know Today, I am happy to see that the Social Medicare premiums. Then we have to I come from a place where we have Services Emergency Relief and Recovery Act take from the middle class and the earthquakes, and there are Members on of 2005, H.R. 3971, a bill designed primarily to working poor. this floor from California who come provide relief to the Hurricane victims, includes It is immoral, it is wrong, and my from earthquake areas. There are an extension of the QI–1 program, an essen- colleagues should listen to what the places all over this country where tor- tial subsidy for some of our neediest Medicare gentleman from Washington (Mr. nadoes are a real problem, and I think beneficiaries. This program comes with a com- MCDERMOTT) said when he quoted from we have to think of ourselves as a Fed- parably meager $300 million price tag and the the New Testament and talked about eral Government that deals with the benefit it delivers is priceless. I urge my col- we will be judged by our deeds. We also problems of any part of the United leagues to support passage of this bill. should think about our faith in terms States that needs it. It may be the gulf In fact, Mr. Speaker, if Congress does not of social justice. We also should think coast right now, and we can find all act soon on reauthorizing the QI program, in

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00029 Fmt 7634 Sfmt 9920 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8950 CONGRESSIONAL RECORD — HOUSE October 19, 2005 December of this year, over 161,000 bene- Mr. Speaker, I support the efforts of the bill declares the House in recess subject to ficiaries will receive a Social Security check sponsor to swiftly enact this important legisla- the call of the Chair. that is reduced by a whopping $234.60 for the tion. However, I regret that it includes extra- Accordingly (at 2 o’clock and 23 min- month. That is why over thirty-five senior orga- neous provisions that would limit Medicaid and utes p.m.), the House stood in recess nizations, including the AARP, the Gray Pan- Medicare beneficiaries’ access to certain subject to the call of the Chair. thers, Alliance for Retired Americans, National classes of prescription drugs. Physicians, not f Caucus and Center on Black Aged, National Congress, know best when a prescription drug b 1615 Council on Aging and the United Jewish Com- is medically necessary, and the government munities to name a few, have contacted Mem- should not interject in decisions between a pa- AFTER RECESS bers of Congress urging immediate action on tient and his doctor I about the proper course The recess having expired, the House reauthorizing this program. of treatment. was called to order by the Speaker pro As many of my colleagues know, the Quali- Despite those reservations, this bill offers tempore (Mr. SIMPSON) at 4 o’clock and fied Individual program has suffered from un- important benefits to low-income individuals’ 15 minutes p.m. certain reauthorization and funding since it ex- access to health care, and I urge my col- f pired in 2002. Since its expiration, it has hob- leagues to join me in supporting it. bled along on a series of Continuing Resolu- Mr. DINGELL. Mr. Speaker, I am pleased to ANNOUNCEMENT BY THE SPEAKER tions—falling on the mercies of our oft-hurried see that the House and Senate have finally PRO TEMPORE appropriations process. I firmly believe that worked out their differences to extend two pro- The SPEAKER pro tempore. Pursu- this program is of utmost importance—that grams that provide important health care as- ant to clause 8 of rule XX, the Chair costs us so little when we consider its impact. sistance for low-income elderly and working announces that further proceedings on We should reauthorize it with all due speed, families. the motion to instruct conferees on not subject it to the hurricane relief tennis The Qualified Individual, QI, program pro- H.R. 2744 will resume tomorrow. match between the House and Senate leader- vides assistance with the cost of Medicare f ship. premiums for certain low-income individuals. In the alternative, H.R. 3800, a bill intro- The Transitional Medicaid Program, TMA, pro- MESSAGE FROM THE PRESIDENT duced last month by Representatives KUCINICH vides temporary Medicaid coverage to families A message in writing from the Presi- and LATOURETTE, of which I am a cosponsor, moving off of welfare to the workforce. dent of the United States was commu- is a straightforward bipartisan bill to extend the This legislation considered today merely nicated to the House by Mr. Sherman Qualified Individual program for one year. I ap- provides a short-term extension. I continue to Williams, one of his secretaries. plaud these Members for their leadership on believe, however, that these programs should its introduction. f be made permanent. First, they are good pro- If we cannot wrest the QI–1 program out of FISCAL RESPONSIBILITY IN grams that provide much needed assistance. the political volley surrounding hurricane fund- KATRINA’S WAKE ing, I urge the House leadership to bring H.R. Second, we should avoid the situation we find ourselves in now, particularly with respect to (Mrs. SCHMIDT asked and was given 3800 to the floor for immediate consideration permission to address the House for 1 and passage. We have the power to fix this the QI program, where States and CMS were unsure whether or how to continue the pro- minute and to revise and extend her re- and I urge my colleagues to reauthorize the marks.) QI–1 program now. gram as funding expired on September 30. We must also consider making program im- Mrs. SCHMIDT. Mr. Speaker, yester- Mr. GENE GREEN of Texas. Mr. Speaker, day I attended a Committee on Trans- I rise today in support of H. Res. 501, legisla- provements to both programs that would sim- portation and Infrastructure sub- tion that will extend the important Transitional plify enrollment and retention of eligible indi- committee meeting entitled ‘‘A Vision Medical Assistance and Qualified Individuals viduals. I recently reintroduced legislation, and Strategy For Rebuilding New Orle- programs. Over the past few years, these pro- H.R. 3980, the Medicare Beneficiary Assist- ans.’’ I found it to be interesting, and I grams have been reauthorized by short-term ance Improvement Act, to address this matter am excited for the opportunity to help extensions that offer low-income beneficiaries in the QI program. And I have also included rebuild one of America’s great cities. It of the programs few assurances that they will such provisions for the TMA program in H.R. is an undertaking that we must take be able to depend on the benefits in the fu- 2071, the Family Care Act of 2005, which I re- seriously. ture. While I support this extension bill, Con- introduced earlier this year. Amid the allegations that Katrina gress should be acting I today to make these Finally, I have concerns about the provision evacuees’ relief supplies were found in programs permanent. we are using to pay for these extensions. This The TMA program provides an important in- provision strikes Medicare and Medicaid cov- the garages of government officials, it centive for low-income individuals to move off erage of particular drugs that had been pre- is obvious that there is a lot of poten- of welfare and into employment by ensuring viously covered. The provision, in the out tial abuse for misspending $100 billion continued access to health care. Health insur- years, raises more revenue than is needed for of Federal money. It is with this in ance is a critical factor in everyone’s employ- these short-term program extensions. We mind that I felt the need to urge my ment decisions. Without TMA, many families should have saved the remainder to use for colleagues to exercise discretion when would have little incentive to move off of wel- another day. But despite these reservations, authorizing additional funding. fare and leave behind the Medicaid benefits there is great urgency in extending the QI and Following yesterday’s subcommittee that TANF beneficiaries often receive. TMA al- TMA programs, so I am supporting the pack- meeting, I knew that I had a duty to lows for extended health care coverage when age. speak on behalf of the American tax- low-income families lose traditional Medicaid Mr. MCCRERY. Mr. Speaker, I yield payers. Only after intense scrutiny and benefits due to an increase in income. While back the balance of my time. with due diligence should we appro- four months of TMA coverage is assured The SPEAKER pro tempore (Mr. priate additional funds, making sure under current law, the six-to-twelve month ex- LATHAM). The question is on the mo- that government is doing its job, re- tension that families so often need falls under tion offered by the gentleman from building the schools and infrastruc- a legislative sunset. While our action today will Louisiana (Mr. MCCRERY) that the ture. extend this coverage, we should be making House suspend the rules and agree to There were two statements given in this extension permanent. the resolution, H. Res. 501. testimony that were particularly trou- Likewise, we should be acting today to The question was taken; and (two- bling to me. First was the mayor, who make Medicare’s QI-1 program permanent. thirds having voted in favor thereof) wants now to have a light rail system This program is critical for Medicare bene- the rules were suspended and the reso- to facilitate future evacuations. Now, I ficiaries whose income is between 120% and lution was agreed to. am all for rebuilding New Orleans, but 135% of the federal poverty level, as it pro- A motion to reconsider was laid on this is not an opportunity to get your vides these individuals with assistance with the table. Christmas list out and go fishing on their Medicare Part B premiums. Since Quali- f pet projects. fied Individuals are not otherwise eligible for The other was the statement from Medicaid, the QI-1 program is critical in ensur- RECESS the Governor. Someone on the com- ing low-income seniors’ access to physician The SPEAKER pro tempore. Pursu- mittee asked how much money Lou- care. ant to clause 12(a) of rule I, the Chair isiana had spent to date. She had no

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8951 idea. No idea of how much money her Mr. MCDERMOTT. Mr. Speaker, I do although no Australians took part in the ac- State has spent? How can we trust this not know how to get to the White tion. government with our money when it House, but maybe you do. Could you The incident is reminiscent of the psycho- cannot account for its own? please tell the President they need logical techniques used in Iraq’s Abu Ghraib prison. We have limited resources. This is some cultural sensitivity training up the American taxpayers’ money. We there? f need to spend it prudently and wisely. When he sends out his ambassador, SPECIAL ORDERS I ask for caution in spending American his good friend, Karen Hughes, and The SPEAKER pro tempore. Under taxpayer dollars. tells the Saudi women that she sees the the Speaker’s announced policy of Jan- day when they will drive cars and they f uary 4, 2005, and under a previous order laugh at her and tell her they like the CONTINUATION OF NATIONAL of the House, the following Members way things are, there is something EMERGENCY WITH RESPECT TO will be recognized for 5 minutes each. amiss. We are running this war on ter- SIGNIFICANT NARCOTICS TRAF- ror as though it was a war on Islam. We f FICKERS CENTERED IN COLOM- must change that. BIA—MESSAGE FROM THE EDUCATION FUNDING SOLUTIONS This morning’s Sydney Morning Her- PRESIDENT OF THE UNITED FOR THE WEST ald carries a story about our troops in STATES (H. DOC. NO. 109–61) Afghanistan which is very disturbing. The SPEAKER pro tempore. Under a The SPEAKER pro tempore laid be- It talks about our troops burning bod- previous order of the House, the gen- fore the House the following message ies and then saying in the villages tleman from Utah (Mr. BISHOP) is rec- from the President of the United where this happened, ‘‘You allowed ognized for 5 minutes. States; which was read and, together your fighters to be laid down facing Mr. BISHOP of Utah. Mr. Speaker, a with the accompanying papers, without west and be burnt. You are too scared couple of weeks ago I had the oppor- objection, referred to the Committee to retrieve their bodies. This just tunity of addressing this body and il- on International Relations and ordered proves you are the lady boys we always lustrating a problem that we have, es- to be printed: believed you to be. You attack and run pecially in the West. I think that prob- To the Congress of the United States: away like women.’’ lem can be illustrated best by two Section 202(d) of the National Emer- Now, when one talks like that to an charts that we have here. gencies Act, 50 U.S.C. 1622(d), provides Arab, they are asking for it. That is The first chart, everything that is in for the automatic termination of a na- not leading to peace. That is not done blue in this chart is the amount of land tional emergency unless, prior to the by culturally sensitive people who are that is owned by the Federal Govern- anniversary date of its declaration, the bringing American democracy. That is ment in each State. The second one is President publishes in the Federal Reg- the language of people who ran Abu everything that is in red are the States ister and transmits to the Congress a Ghraib. That is the kind of thing that that are having the difficult time of ac- notice stating that the emergency is to brings us down, not raises us up. No tually funding their own education sys- continue in effect beyond the anniver- elections, no trials of Saddam will tems. Those are the States having the sary date. In accordance with this pro- change that. slowest growth in education. Now, I do not think it takes a rocket vision, I have sent the enclosed notice [From the Sidney Morning Herald, Oct. 19, to the Federal Register for publication, 2005] scientist to realize there is a correla- tion between the red States having stating that the emergency declared FILM ROLLS AS TROOPS BURN DEAD problems funding education and the with respect to significant narcotics (By Tom Allard) traffickers centered in Colombia is to blue States that are controlled by the U.S. soldiers in Afghanistan burnt the bod- Federal Government with all their continue in effect beyond October 21, ies of dead Taliban and taunted their oppo- 2005. The most recent notice con- nents about the corpses, in an act deeply of- land. It is not because these red States tinuing this emergency was published fensive to Muslims and in breach of the Ge- do not have high taxes. In fact, they in the Federal Register on October 20, neva conventions. have a higher tax than the yellow 2004 (69 Fed. Reg. 61733). An investigation by SBS’s Dateline pro- States. It is not because they do not The circumstances that led to the gram, to be aired tonight, filmed the burning have a commitment to education; they of the bodies. actually spend a greater percentage of declaration on October 21, 1995, of a na- It also filmed a U.S. Army psychological tional emergency have not been re- their budget on education than the yel- operations unit broadcasting a message low States. The difference is, we have a solved. The actions of significant nar- boasting of the burnt corpses into a village cotics traffickers centered in Colombia believed to be harbouring Taliban. cavalier attitude about public lands continue to pose an unusual and ex- According to an SBS translation of the that we should realize hurts kids and it traordinary threat to the national se- message, delivered in the local language, the hurts their education in the West. curity, foreign policy, and economy of soldiers accused Taliban fighters near Now, there is a solution to it; and it the United States and to cause unpar- Kandahar of being ‘‘cowardly dogs’’. ‘‘You al- comes with a simple fruit, it is an lowed your fighters to be laid down facing apple, which stands for the Action Plan alleled violence, corruption, and harm west and burnt. You are too scared to re- in the United States and abroad. For For Public Lands and Education. I wish trieve their bodies. This just proves you are I could say I was smart enough to have these reasons, I have determined that the lady boys we always believed you to be,’’ it is necessary to maintain economic the message reportedly said. thought of it, but it was actually de- pressure on significant narcotics traf- ‘‘You attack and run away like women. signed by some State legislators work- fickers centered in Colombia by block- You call yourself Taliban but you are a dis- ing the Council State Governments ing their property and interests in grace to the Muslim religion, and you bring West that recognized this problem and property that are in the United States shame upon your family. Come and fight like came up with a solution to it. men instead of the cowardly dogs you are.’’ or within the possession or control of There are two bills that we have The burning of a body is a deep insult to which can deal with those solutions. United States persons and by depriving Muslims. Islam requires burial within 24 them of access to the U.S. market and hours. The first one would say, all right, take financial system. Under the Geneva conventions the burial all this blue land and allow the Federal GEORGE W. BUSH. of war dead ‘‘should be honourable, and, if Government to pay property tax on it. THE WHITE HOUSE, October 19, 2005. possible, according to the rites of the reli- If the Federal Government paid the gion to which the deceased belonged’’. f lowest rate of property tax on the land U.S. soldiers said they burnt the bodies for that is owned and controlled by them CULTURAL SENSITIVITY hygiene reasons but two reporters, Stephen in the West, in fact, in the entire Na- Dupont and John Martinkus, said the expla- (Mr. MCDERMOTT asked and was tion, they would add another $4 billion nation was unbelievable, given they were in given permission to address the House an isolated area. every year to the funding of public edu- for 1 minute and to revise and extend SBS said Australian special forces in Af- cation. That is a whole lot of money his remarks, and include extraneous ghanistan were operating from the same base for us to come up with, although you material.) as the U.S. soldiers involved in the incident, could also look at it as the fact that

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8952 CONGRESSIONAL RECORD — HOUSE October 19, 2005 the Federal Government prohibits to do it, and House bill 3463 would actu- cuts to finance, guess what, more tax States from raising $4 billion to solve ally do that. cuts for the richest among us. They their own problems and fund their own f want to make permanent the cuts in education processes with the way we capital gains, dividends taxes, and a U.S. DEBT CONTINUES TO RISE control public lands. permanent exemption of all estates UNDER BUSH ADMINISTRATION Now, since that is going to have a from all estate tax. That costs a lot of difficult time, there is a second bill. The SPEAKER pro tempore. Under a money. This bill is number 3463, which says previous order of the House, the gen- Now, why should we do this? Well, that this map was never intended to be tleman from Oregon (Mr. DEFAZIO) is because they believe in trickle-down the way it was supposed to be forever. recognized for 5 minutes. economics. The way to stimulate our When the western States, those from Mr. DEFAZIO. Mr. Speaker, well, economy, the way to rebuild our econ- Montana down to New Mexico that congratulations are yet again in order omy is more trickle-down economics. have all the blue space in there, the to the Bush administration. They hit They even, one conservative over there Federal land, when they were origi- another milestone just last week. They had the gall to say poor people do not nally admitted as States, everyone ex- ran up the 8 trillionth, trillionth dollar put people to work. No, that is right. cept one had in their enabling act the of debt in the name of the American Poor people and working people do the idea that the land should go to the people. work. But they are saying we need to Federal Government until such time as The U.S. debt is up 60 percent under shower more money on the richest the Federal Government shall, not the Bush-Cheney watch with the Re- among us. might or if or may, but shall dispose of publicans in charge of Congress, a 60 percent increase in the Federal debt in During the last 2 years, 99 percent, the land, and 5 percent of all of the pro- this is from the Internal Revenue Serv- ceeds were to go back to the States for 5 years. That took some doing. That means every American, from the ice controlled by George Bush, their a permanent education fund to fund statistics, 99 percent of Americans saw their education. To be honest, actually tiniest baby to the oldest senior cit- izen, today owes about $27,000. That is real income reductions after inflation. three States did not have that. They One percent, those over $311,000, saw an said their 5 percent was supposed to go a heck of a burden to carry. And then this year, they are touting increase; and one-tenth of 1 percent, for infrastructure and roads. But ev- those over $1.3 million, saw a huge in- eryone was supposed to get something the fact that they only have the third largest deficit in history at $312 billion. crease in their income, mostly due to back from the Federal Government. tax cuts paid for by working people and In the mid-1970s, this Congress They are saying, big progress. Of borrowing against our future. And now changed the rules of the game without course, they forget to tell you that they have the gall to come to the floor consulting these States and passed leg- that does not include borrowing every of the House and say, if only the Re- islation that said our official policy penny of this year’s Social Security publicans were in charge, this fiscal ir- will now be to keep the land and not surplus of $180 billion, which is only responsibility would stop. Excuse me. pay the 5 percent. What bill 3463 in- paid for by working people, not the You control the White House, the tends to do is say, okay, fine, let them rich who are favored by the tax cuts. House, the Senate, and the judiciary. keep the land, except have the States Only people who earn less than $94,000 You control everything. It is within choose 5 percent of the land that is pay Social Security taxes. They are your power. You want to pay for available, and we will take some things paying $180 billion more than is nec- Katrina? Let us cut wasteful spending. off the table, like national parks, essary for the program, with the idea it monuments, reservations, military in- is being saved. stallations, things that are not valu- It is not being saved. This adminis- b 1630 able to the States anyway. But of the tration is taking that money and The President wants to borrow $1 remaining land that is there, let them spending it, part of it to finance tax trillion to go to Mars. They are already choose 5 percent of that land for their cuts for rich people who do not pay So- beginning to borrow $100 billion to go own to put it in for the purpose of cial Security taxes. A great noose on back to the Moon. Hey, JFK took us to building education funds in each of the taxpayers’ money. the Moon for a fraction of the cost. those western States. But now they are born again, right Why do we need to borrow $100 billion If these western States could take here on the floor in front of us this to go back? That would pay for half of the 5 percent of their land that is avail- week, as fiscal conservatives. They say the Katrina disaster. Then we can talk able and couple it with the school trust they want to pay for the Katrina dis- about, guess what? Tax cuts for the lands already open to them, they could aster, but there is only one way to do wealthy. it. Cut the tax cuts for the rich people? create amazing economic zones, espe- If we just did not make those tax cially in rural parts of their States, Oh, no, no, no. Wasteful spending? No. How about, let us go to the programs cuts permanent, we could pay for which would not only build the econ- Katrina a number of times over. But omy, but which would also pay for the that are important to average Ameri- cans. Health care for seniors: they oh, that would mean that rich people education of their kids. Since we are in would pay income taxes at the same an energy crisis, much of this land want to cut Medicare and Medicaid for seniors. Education: kids are already rate as working people, and that does would be dealing with the growth and not fit into their trickle-down theories. energy and potential for that growth. struggling to go to school, but cut edu- One of the things we have is a cava- cation. They would hit at food stamps There is a few other things that we lier and sometimes a flippant attitude so they will be more hungry, and could cut, agriculture subsidies. Let us about these lands in the West. I had an maybe cut back on energy assistance say any farmer who earns over $100,000 administrative official say, Why are in a time of huge price gouging by a year will not get a taxpayer-financed you worried about all this land? It is a their friends in the oil, coal, and gas subsidy where the money was bor- bunch of useless land where nobody industries. rowed, sometimes from Social Secu- lives anyway, or it is all our land, so Now, this is born again fiscal pru- rity, to subsidize that farm. That is we recreate on it. What we have to re- dence on that side of the aisle. But pretty simple. alize is that this policy has actually what they are not telling people is not But no, they cannot go there. Or hurt kids. The educational ability of a penny of those cuts would go to pay maybe we can get rid of the silly star kids growing up in the West is de- for the Katrina disaster. No. In fact, wars fiasco. The general in charge of pressed because of this land policy. they would, by implementing those Star Wars has spent $100 billion on it What we need now to do is to realize cuts, still increase the deficit next year so far, borrowed, taxpayer money, says that and take constructive efforts to by a quarter of a billion dollars. Now, it has a better than zero percent try and change that. Allow the States how can that be? I thought that money chance of working. in the West to have the vehicle and the was going to pay for Katrina. No. They Now is that not heartening? Let us ability to raise the money to fund their are going to borrow all the money to have real fiscal responsibility, not education system in the way they wish pay for Katrina. They are using those more phony bologna.

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8953 ORDER OF BUSINESS Respirator manufacturers do not gentleman from Texas (Mr. SMITH), of Mr. SHUSTER. Mr. Speaker, I ask interact with respirator users. They H.R. 2357, the Respirator Access Assur- unanimous consent to speak out of make their products according to gov- ance Act of 2005. order for 5 minutes. ernment standards for their uses ap- This is a very simple bill. It says that The SPEAKER pro tempore (Mr. proved by NIOSH and described on the if a manufacturer has the NIOSH ap- SIMPSON). Is there objection to the re- label, but employers make the decision proval for the design and labeling of a quest of the gentleman from Pennsyl- about whether to provide a respirator respirator, a manufacturer cannot be vania? and which one to provide based on sued on the basis of the detective de- There was no objection. OSHA rules. sign or failure to warn. It would apply to any case that has f Unfortunately, in our litigation-ob- sessed society that separation of re- not gone to trial as of the enactment LITIGATION REFORM FOR sponsibility has not protected our res- and to future cases. We need this legis- RESPIRATOR MANUFACTURERS pirator manufacturers from being sued lation, and I am working with my col- The SPEAKER pro tempore. Under a in literally thousands of cases. Workers leagues and the House leadership to previous order of the House, the gen- allege that a respirator was defectively find an appropriate opportunity to tleman from Pennsylvania (Mr. SHU- designed or contained an inadequate bring it to the House floor for a vote STER) is recognized for 5 minutes. warning label, and they got sick, and soon. Mr. SHUSTER. Mr. Speaker, I want that somehow it is partly the fault of I hope my colleagues will share my to talk about a special aspect of a sub- the manufacturer. concern over the need to ensure that ject that has been in our news a great As absurd as this may sound, it is the this American industry continues to deal lately, emergency preparedness. premise for up to 30,000 individual produce these vital products for emer- As a member of the Select Katrina claims brought against each major res- gency preparedness, and will approve Committee and as chairman of the sub- pirator manufacturer in the United this and make it the law of the land. committee overseeing FEMA, I know States. There has been much con- f that it is absolutely critical to prepare troversy over many of these claims, The SPEAKER pro tempore. Under a our Nation for natural disasters, ter- since they involve workers who claim previous order of the House, the gen- rorist attacks, or any other catas- to be sick with asbestosis or silicosis. tleman from Ohio (Mr. BROWN) is rec- trophe and the spread of disease that In one situation, a Federal judge in ognized for 5 minutes. could come with it. Texas, a former nurse, found that thou- (Mr. BROWN of Ohio addressed the When disasters strike, the most effec- sands of claims were essentially with- House. His remarks will appear here- tive method of prevention depends, in out any legal or medical merit. They after in the Extensions of Remarks.) part, on effective respiratory protec- were produced by collusion between f tion for millions who may be exposed. plaintiffs lawyers, doctors paid by the ORDER OF BUSINESS This protection is available through claim, and the x-ray mills that pro- Ms. SOLIS. Mr. Speaker, I ask unani- careful use of respirators, the masks, duced the diagnosis that could not sur- mous consent to speak out of order for mostly disposable, that we see in pic- vive medical review. 5 minutes. tures of first responders, emergency This corrupts the legal system and The SPEAKER pro tempore. Is there personnel and health care workers who hurts most those few who are truly ill. objection to the request of the gentle- are treating the sick. It also threatens otherwise strong woman from California? The World Health Organization, for American industries like respirator There was no objection. example, specifies certain respirators manufacturing. for use in avian flu treatments. The Our American respirator manufactur- f United States has a number of compa- ers are faced with the cost of admin- MEDICAID CUTS AND THEIR nies that manufacture respirators that istering and processing tens of thou- IMPACT ON WOMEN are in a number of States around this sands of claims. Some of these will be The SPEAKER pro tempore. Under a country. One, Mine Safety Appliances, thrown out and some will be settled for previous order of the House, the gentle- is headquartered in Pennsylvania and a few hundred dollars, but each one re- woman from California (Ms. SOLIS) is manufactures respirators in the State. quires thousands of dollars of research recognized for 5 minutes. These are high quality products, rec- and process. Ms. SOLIS. Mr. Speaker, today I rise ognized by industry, health care au- None of these cases has resulted in a in strong opposition to the Republican thorities and other experts as efficient, trial and a judgment against a res- plan to cut billions of dollars to criti- cost effective. More importantly, these pirator manufacturer. It is the admin- cally needed Federal programs like the products are 100 percent regulated by istrative cost of millions of dollars Medicaid program. an agency of the U.S. Government, the each year that are now about to exceed In proposing offsets for the $70 billion National Institute for Occupational the net income of many companies cost of hurricane relief, Republicans Safety and health, or NIOSH, which is from making respirators. claim that they are increasing spend- part of the Centers for Disease Control In short, we are in danger of losing a ing cuts from $35 billion to $50 billion in the Department of Health and vital American industry that we are in order to pay for the expenses re- Human Services. going to need desperately if disaster cently incurred by the devastation of NIOSH prescribes design standards strikes. Whether the spread of a virus recent hurricanes in the gulf coast. for respirators, tests respirators in its or biological terrorist attack, we al- However, Republicans have targeted own labs by its own professionals and ready need respirators for countless in- Medicaid and other important pro- monitors respirator manufacturers to dustrial applications and routine med- grams that serve our Nation’s most ensure their products consistently ical and other health-related needs. vulnerable populations like women and meet the standards for which they are Respirators are already providing pro- children. The reckless Republican approved. tection from the airborne hazards that budget imposes painful sacrifices on It also approves the warning labels are everywhere in the recovery efforts low and moderate income women and that go on respirators to indicate what from Hurricanes Katrina and Rita. their families in the name of deficit re- uses are and are not appropriate to em- They also served thousands in the duction. phasize the need for users to be sure aftermath of September 11th. We can- Republicans claim that offsetting the that these respirators fit well. not afford to have this vital industry cost of hurricane relief is fiscally re- It regulates the respirator manufac- torn down by inadequate claims with sponsible. However, in my opinion it is turers, but the Occupational Safety dollar signs at their hubs. That is why inconsistent with the decision in re- and Health Administration, or OSHA, I am pleased to be the author, along cent years not to offset tax cuts that regulates employers and prescribes with my original cosponsors, the gen- cost $106 billion or supplemental fund- what level of approved respirators tlewoman from Pennsylvania (Ms. ing for Iraq that has cost the U.S. near- should be used to protect against a par- HART) and the gentleman from Penn- ly $251 billion, four times the cost of ticular workplace hazard. sylvania (Mr. DOYLE) as well as the Hurricane Katrina.

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8954 CONGRESSIONAL RECORD — HOUSE October 19, 2005 These cuts will not go to offset the In my State of California, the Med- nomic harm that U.S. farmers and cost of the hurricane. These cuts will icaid program is run jointly by the ranchers have experienced as a result only be used to facilitate additional Federal, State and local county gov- of the Japanese embargo of U.S. beef. tax cuts to our Nation’s wealthiest ernments. The Federal share cost in This issue has gone on far too long, and Americans, those who make well over California is about 50 percent. we in Kansas have lost our patience. $200,000 a year and up. Medicaid in California provides vital Mr. Speaker, Japan has prohibited Republicans are cutting services for health services to low income women the imports of beef from the United hard working families in my district who comprise right now 74 percent of States since December 2003 when a sin- and, instead, giving away $70 billion in the beneficiaries ages 19 and older. And gle case of BSE was found in a Cana- new tax cuts to the wealthiest Ameri- in my State of California, 42 percent of dian-born animal. cans. These cuts are reckless, in my all births in the State are paid for by Since that time, the United States opinion, and unfair to the middle and Medicaid. has undergone rigorous and thorough lower income families and reflect the These facts demonstrate, in my opin- surveillance programs for BSE testing Republican-led Congress’ double stand- ion, that Medicaid is a significant and has implemented safeguards to ards. health safety net for women and their protect human and animal health. Cuts to Medicaid, an already under- children. The cuts in Medicaid would These safeguards have far exceeded funded program, would have a dev- shut the neediest individuals out of the internationally recognized standards astating impact on women and their public health system and put the promoted by the World Organization families by cutting vital services espe- health of millions of women and chil- for Animal Health, of which Japan is a cially important to them. Medicaid is dren at risk. Proposing reductions member. an important health insurance pro- without ensuring the preservation of While the Sanitary and gram for millions of low income elderly coverage for those in need simply Phytosanitary Agreement provides and disabled Americans. transfers the burden to the States that that members of the WTO have the State and Federal Governments have are already overstretched. right to take measures to protect ensured that more than 53 million peo- Medicaid cuts will shift costs to the human, animal and plant health under ple, including 14 percent of low income States, impose higher costs to bene- principles of sound science, the SPS Americans, have access to health care ficiaries, and health care providers. Agreement does not allow WTO mem- services through the Medicaid pro- States would be forced to reduce cov- bers the right to discriminate and re- gram. This includes 25 million chil- erage and benefits. Despite the na- strict trade arbitrarily. dren. More than 1 in every 4 children in tional tragedy, the proposed Repub- b 1645 the U.S. is covered by this program. lican budget would cut billions of dol- This also includes more than 30 per- lars from Medicaid while doing nothing The U.S. State Department, the Of- cent of children with disabilities who to make sure that we have affordable fice of the United States Trade Rep- rely on Medicaid for health coverage health care for Americans. resentative, and the United States De- and services. Medicaid, as you know, Democrats believe in strengthening partment of Agriculture have worked provides essential care, such as family and not undermining Medicaid. The tirelessly to reopen this market for planning, breast and cervical cancer Federal Government should fulfill its U.S. beef, and I commend them for treatment, care for disabled women, to promise of being a reliable partner. We their efforts. more than 16 million women, including must protect Medicaid and maintain On October 23, 2004, nearly a year approximately 10 million women of the current Federal commitment to ago, the United States and Japan con- child-bearing age. this fundamental public health insur- cluded an understanding that estab- Nearly 1 in 10 women in the U.S. re- ance system. lished a process to lead to the resump- ceives health care coverage through I am in strong opposition to the Re- tion of beef imports from the United Medicaid. One-third of all poor women publican budget, because it does not States. Despite this agreement a year are covered by Medicaid, including 40 keep the best interests of women and ago, the Government of Japan con- percent of single women. Mothers are their children in mind. I urge my col- tinues to delay imports of beef from twice as likely as men to qualify for leagues to provide full funding for Med- the U.S. on a basis and factors not Medicaid, because they are poor and in icaid, and preserve the health care grounded in science or consumer safe- lower paying jobs that are less likely safety net program that many women ty. to have employer-sponsored insurance. and children rely on currently. Losing the export market to Japan is Health insurance, as you know, is f having a significant impact upon our entire industry, and it also puts at risk critical to women, because mothers The SPEAKER pro tempore. Under a a well-established bilateral trading re- with health insurance are more likely previous order of the House, the gen- lationship. This 2-year delay has now to stay employed and get health care tleman from Texas (Mr. PAUL) is recog- almost totaled $3.4 billion in losses to for their children than those lacking nized for 5 minutes. insurance. And women, as you know, of (Mr. PAUL addressed the House. His American agriculture. Whether you are reproductive age are in a vulnerable remarks will appear hereafter in the a farmer or a rancher, a beef processor position, because they are more likely Extensions of Remarks.) or a retailer, this loss of market is hav- to lack health insurance. ing a detrimental effect upon that busi- Medicaid accounts, as you know, for f ness, upon our rural communities, and two-thirds of all of the Federal and ORDER OF BUSINESS upon the agriculture economy. The State family planning funding nation- Mr. MORAN of Kansas. Mr. Speaker, U.S. cattle and beef industries are los- wide. And, by the way, low income I ask unanimous consent to speak out ing $100 million each month that Japan pregnant women can receive critical of order for 5 minutes. remains closed to U.S. beef markets. prenatal care when they need it with- The SPEAKER pro tempore. Is there Since December 2003, the U.S. meat in- out being turned away from the pro- objection to the request of the gen- dustry has lost 10,000 jobs, mostly at- gram. tleman from Kansas? tributed to a loss of the export mar- Medicaid ensures that women receive There was no objection. kets. a full spectrum of maternity coverage, f In March this year, Mr. Speaker, I in- including prenatal, labor and delivery troduced House Resolution 137, which and postpartum care. Medicaid, as you WHERE IS THE U.S. BEEF IN currently has more than 80 co-spon- know, is important to the health of JAPAN sors. I encourage my colleagues to join women of all ages, and Medicaid is the The SPEAKER pro tempore. Under a me in sponsoring this legislation. The largest source of funding for women previous order of the House, the gen- resolution is a sense of the House of over the age of 80 living in nursing tleman from Kansas (Mr. MORAN) is Representatives that if the Govern- homes. recognized for 5 minutes. ment of Japan continues to delay in This program covers high-cost nurs- Mr. MORAN of Kansas. Mr. Speaker, meeting its obligations under the un- ing homes and long-term care services. I rise this afternoon to discuss the eco- derstanding reached last October, then

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8955 the United States trade representative tleman from Illinois (Mr. EMANUEL) is States. During the height of the Cold should immediately impose retaliatory recognized for 5 minutes. War and Vietnam War, President Ken- trade sanctions against Japan. Mr. EMANUEL. Mr. Speaker, since nedy envisioned a man on the Moon. While I do not wish for the U.S. and the year 2000 this Congress has racked What does this President propose? Japan to enter into a drawn out trade up more than $3 trillion in new debt. Eliminating Amtrak, cutting $9 billion dispute, the reality is that Japan can- How did that happen? They tried to do from student aid, and cutting veterans not have it both ways, and they must what no other President has tried to do benefits. Why? Because he has tried to be required to uphold their agreement. and no other Congress, to fund two do something that no other President The United States works to promote wars with four tax cuts. has thought of doing, which is to cut free trade agreements throughout the This Congress has served as an ATM taxes in the middle of two wars. Where world, and it is important for our trad- to special interests, showering them has it left America? $3 trillion in debt, ing partners to honor the current with billions in tax breaks and hand- cuts in our future for American fami- agreements and international stand- outs. Suddenly our Republican friends lies. ards; and without those assurances, have become born-again budget hawks. Now Americans are faced not only support for trade agreements will In fact, tomorrow we may have to vote with these cuts in its investments. Gas clearly erode. on a resolution to slash more than $50 prices are nearly $3 a gallon, home Recently, I was joined by over a hun- billion from education, health care, nu- heating costs are up by 50 percent this dred Members of Congress in writing tritional investments important to winter, inflation has increased at the President Bush asking him to make re- millions of Americans and families and fastest rate in 15 years, hundreds and storing this market of U.S. beef to their future. All for what? So we can thousands have lost everything in the Japan his highest economic priority in fund $70 billion in tax cuts just for the gulf coast, and our brave men and his discussions with the Japanese wealthy Americans. women are fighting and dying in Iraq Prime Minister. I support our govern- That is what this budget package is, with no end in sight. ment’s efforts to reopen our beef ex- $70 billion in tax cuts. At the same Yet what are we proposing to Amer- ports to Japan; but, again, Japan con- time that these so-called new-born fis- ica? Cuts in their educational invest- tinues to unjustifiably delay the proc- cal conservatives are complaining ments, cuts in health care investments, ess. about the deficit, they are going to cuts in nutritional investments. All Last month I testified before the push through yet another round of tax the while we are making those same House Committee on Ways and Means cuts on top, close to $20 billion added types of investments in Iraq. That is and urged the committee to bring this to our deficit. not the choice the American people resolution to the floor and show Japan I ask my colleagues, are these the want. the serious nature of this trade issue. I choices the American people asked us I have no problem if we are going to appreciate very much the gentleman to do? To date, the American taxpayer make a commitment to Iraq and Iraq’s from California (Mr. THOMAS) for hold- has funded $445 billion in the effort in future and the future of their children. ing the hearing and for allowing me to Iraq, $20 billion going to rebuild Iraq. I have a problem when we are not going testify. We have built and renovated 110 pri- to leave America stronger, but weaker, Many members of that committee mary health care centers in Iraq, vac- at the end of that effort, and we are not during the hearing agreed that this ac- cinated 3.2 million Iraqi children; all willing to make that same investment tion needs to be taken to address this the while here in the United States the in American children’s future. issue. Republican budget has cut $10 billion We cannot afford those types of Mr. Speaker, Japan cannot have it from Medicaid. We have also cut com- choices. Those are the false choices. both ways. They cannot benefit from munity health care clinics. All the while what we are trying to do exports to the U.S. while denying our In Iraq we have rehabilitated 2,700 is wall off and protect tax cuts for the imports such as beef with no scientific schools, trained 36,000 secondary edu- wealthiest 1 percent, people making evidence to support their actions. Con- cation school teachers. What is their $300,000 a year, while the rest of Amer- gressional patience has been exhausted. budget doing for America? They cut ica gets cuts in Amtrak, student aid, It is time that House Resolution 137 be $806 million from America’s public nutritional programs, veterans get cut brought to the floor and a clear mes- schools, Leave No Child Behind. They from their health care benefits. That is sage be delivered to Japan. Let us have also proposed nearly $9 billion in not what the American people think of allow the will of the House to be heard. cuts to college student aid. We funded as an investment in their future. It is Patience is a virtue no longer. nearly 3,100 community development clearly not the one you are willing to projects in Iraq alone. Yet the Presi- make in Iraq where we now have a $445 f dent’s budget is cutting the commu- The SPEAKER pro tempore (Mr. billion bill due to the American people. nity development grants here for the It will get close to $600 billion before it SIMPSON). Under a previous order of the United States by $250 million. House, the gentlewoman from Cali- is all over. The American people are The Corps of Engineers in the United going to be asked to pay for it. fornia (Ms. WOOLSEY) is recognized for States has been cut by over $300 mil- How are they going to pay for it? 5 minutes. lion. Yet we built a new light rail sys- (Ms. WOOLSEY addressed the House. With cuts in their education college tem in Iraq. We have also rebuilt their loans, cuts in their communities’ Her remarks will appear hereafter in dam with a levee in it. All the while the Extensions of Remarks.) health care clinics, cuts in Medicaid, their budget cuts from America’s fu- cuts in Medicare, cuts in their pro- f ture and American families’ future grams that have guaranteed them a while literally loading up close to $445 EXCHANGE OF SPECIAL ORDER middle-class future. We should find billion for the effort in Iraq, of which TIME ways to balance the budget, but we $20 billion goes to rebuilding their should not do it on the backs of our Mr. EMANUEL. Mr. Speaker, I ask schools, their health care, their nutri- children. unanimous consent to claim the time tional programs, things that we are The American people expect their of the gentlewoman from California cutting from the United States and leaders to make the right choices. Mr. (Ms. WOOLSEY). from American families. Speaker, it is time Congress changes The SPEAKER pro tempore. Is there Every President going to war has its tune. We can do better. Building a objection to the request of the gen- thought about America’s future. Dur- strong America begins by building a tleman from Illinois? ing the Civil War, Abraham Lincoln good America here at home. There was no objection. thought of the Land Grant College sys- f tem. President Roosevelt in the middle f of the World War II thought of the G.I. The SPEAKER pro tempore. Under a BUILDING A STRONG AMERICA Bill. President Eisenhower at the tail previous order of the House, the gen- The SPEAKER pro tempore. Under a end of the Korean War built the inter- tleman from New Jersey (Mr. GARRETT) previous order of the House, the gen- state highway system for the United is recognized for 5 minutes.

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8956 CONGRESSIONAL RECORD — HOUSE October 19, 2005 (Mr. GARRETT of New Jersey ad- the view of this case from the Arab [From the New York Times] dressed the House. His remarks will ap- world. That comes from an article in SADDAM AND IRAQ ON TRIAL pear hereafter in the Extensions of Re- the Asia Times by a reporter named The opportunity created by the trial of marks.) Pepe Escobar, and it is called ‘‘The Oc- Saddam Hussein to introduce the rule of 1aw and the idea of national reconciliation into f cupiers’ Trial.’’ This is how it is seen from the Arab world. Iraq has been largely squandered even before The SPEAKER pro tempore. Under a the courtroom proceedings begin. At almost Now, you say, well, you know, that is previous order of the House, the gen- every turn, ill-considered decisions by the just those Arabs. Pick up today’s New tleman from California (Mr. GEORGE United States and Iraq’s dominant Shiite-re- York Times and there is the story on MILLER) is recognized for 5 minutes. ligious and Kurdish-nationalist parties have (Mr. GEORGE MILLER of California the editorial pages of the New York put politics and score-settling first. The cost has been an indffference to legal scrupulous- addressed the House. His remarks will Times: ‘‘Saddam and Iraq on Trial,’’ and here is what it says: ‘‘The oppor- ness, as well as a failure to distinguish be- appear hereafter in the Extensions of tween pursuing the specific crimes of a dic- Remarks.) tunity created by the trial of Saddam Hussein to introduce the rule of law tator that must be punished in a court and f waging a collective vendetta by Kurdish and and the ideal of national reconciliation Shiite victims against the Sunni Arabs who EXCHANGE OF SPECIAL ORDER into Iraq has been largely squandered were once their oppressors. TIME . . . At almost every turn, ill-conceived There is still time to shift this exercise in decisions by the United States and victor’s Justice to a more constructive Mr. MCDERMOTT. Mr. Speaker, I ask Iraqi-dominated Shiite religious and course because the trial will adjourn for sev- unanimous consent to claim the time Kurdish nationalist parties have put eral weeks after today’s televised opening. of the gentleman from California (Mr. For that to happen, the Iraqi lawyers and politics and score-settling first.’’ GEORGE MILLER). judges will have to stand-up to intense and Remember that quote about venge- continuing pressures from their political The SPEAKER pro tempore. Is there ance: objection to the request of the gen- masters for a choreographed proceeding that ‘‘The cost has been an indifference to seems timed to gain short-term advantages tleman from Washington? legal scrupulousness and they are wag- at the expense of national healing and an There was no objection. ing a costly vendetta by Kurdish and airing of recent Iraqi history. f Shiite victims against Sunni Arabs When invading United States forces drove Mr. Hussein from power two and a half years THE TRIAL OF THE CENTURY who were once their oppressors.’’ ago, Americans naively expected rejoicing That is the New York Times talking The SPEAKER pro tempore. Under a throughout Iraq and rapid efforts at demo- to our President who insists on doing cratic reconstruction. One main reason that previous order of the House, the gen- this. did not happen, apart from the well-known tleman from Washington (Mr. Now, the question you might ask mistakes by the American occupation au- MCDERMOTT) is recognized for 5 min- yourself is, Why did they do it this thorities, was the arbitrary, violent and utes. way? I mean, any reasonable person fragmented nature of the society left behind Mr. MCDERMOTT. Mr. Speaker, if might ask that. Well, this trial was set by the dictator, who had ruled through mur- this were a sermon, I would use as the up this way for a variety of reasons. It der, fear and persecution. text Romans 12:19 which says, and I One of the best ways to repair such a dam- should have been a scrupulously fair aged society is a systematic judicial inves- want to remind the House that we are trial where you would have at least one tigation of the regime’s crimes. That should a Christian Nation, that says, Avenge Sunni among the judges. I mean, Sad- be followed by a scrupulously fair trial of not yourselves, for it is written, venge- dam Hussein is a Sunni. We insist on a those found personally accountable. In the ance is mine. I will repay, saith the jury of your peers, and we have gone to case of Iraq, where legal training and ap- Lord. a lot of trouble in this country to make pointments had been bent for decades to the Now we are in the process of begin- sure there are peers on the juries, but political whims of the dictatorship, that should have called for enlisting help from ning a trial which is going to be the not in this case. trial of the century. I think the United international legal experts and using rel- We are looking to prove him person- evant precedents in international criminal States people and the Congress should ally accountable. Now, in the case in law. The Bush administration and its Iraqi think about what it is we are setting Iraq where legal training and appoint- allies strongly opposed that step because it out to do. On Wednesday, the trial of ments have been bent for decades to would have excluded the death penalty. the century will begin. It will start at the political whims of the political, Once the decision was made to rely on a secret Green Zone location by an they should have called for enlisting Iraqi lawyers and American Advisers, they anonymous court and under extreme help from international legal experts should have been well insulated from polit- U.S. military-imposed security meas- ical pressures. Instead, the special tribunal and used relevant precedents in inter- organizing the trial has been subjected to ures. national criminal law. constant manipulation and intimidation by It is a made-in-the-USA affair in ad- Why did they not do that? Why did Ahmad Chalabi, the ceaselessly conspiring ministrative and financial terms. The they not call in an international tri- emigre´ politician who has made anti- court and the training and the whole bunal like they did at Nuremberg at Baathist vendettas the latest political plat- proceedings cost us $75 million of our the end of the Second World War? This form. taxes. About 300 people, all hired by is the New York Times talking. Bush Finally, this prosecution would have been the Americans, are working on the administration and its Iraq allies conducted differently if it were a serious at- tempt to uncover the murky lines of author- trial. The five secret Iraq judges, Shi- strongly oppose that step because it ity and responsibility within the Baathist re- ites and Kurds, no Sunnis, are paid by would have precluded the death pen- gime and establish Mr. Hussein’s clear per- the Americans, are living inside the alty. They want a public hanging. sonal responsibility for at least some of the Green Zone and are protected by the Now, once that decision was made, roughly 300,000 murders committed in his Americans from being either kidnapped Iraq lawyers and American lawyers name. It would have built up its case me- or killed. They have received special were the ones they were going to rely thodically, from the field operatives car- training from U.S. and British and on. They were not going to get anybody rying out the killings to the officials who Australian legal experts, and they have national. They should have been well gave them their orders and on up the chain of command to Mr. Hussein himself. even staged a mock trial. insulated, those people who were doing, Instead, today’s trial will begin with what If the defendant in this case is con- this from political pressures. Instead, prosecutors and politicians decided was the victed, he will be able to file appeals this special tribunal who organized the easiest case to prove, a mass execution in a and then will, within 30 days of those trial has been subject to constant ma- Shiite town that followed a failed 1982 assas- appeals being denied, be hung in that nipulation and intimidation by Ahmad sination attempt against Mr. Hussein. These country in which he lives. Chalabi. Remember him? The cease- killings ought to be prosecuted. But if the Now, this special Iraq tribunal was lessly conspiring emigre politician who aim is to uncover the broader criminal con- substituted by former American pro- spiracy in order to punish the truly guilty wants to make anti-Baathist vendettas and absolve those guilty only by association, consul, Mr. Bremer, in December 2003, his latest political platform. other trials should have come first. curiously almost 3 days before Saddam We are setting ourselves up for a seri- What we have is a narrow sectarian gov- was captured, supposedly. Now, that is ous problem. ernment, still struggling to come up with a

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8957 nationally inclusive constitution, that is sentence—expected to be death—is applied. If not work, the Coast Guard modified its conducting what looks like a show trial, bor- it’s death row, Saddam must be executed—in plans to meet the needs. rowing noxious elements of Baathist law to fact hanged—within 30 days of the ruling on The first images we as Americans speed the way toward an early and his last appeal. The description of the trial saw on television depicting this dis- political1y popular execution. procedures is provided, once again, not by Iraqis, but by Americans—at the National aster were those of Coast Guard heli- THE OCCUPIERS’ TRIAL Security Council and the State Department. copters rescuing stranded citizens from (By Pepe Escobar) This special Iraqi tribunal was instituted rooftops amid rising flood waters. In Occupied Iraq has virtually no security, by former American proconsull Paul Bremer the face of high winds and flying de- e1ectricity, water or jobs. Last Saturday, in- in December 2003—curiously only three days bris, daytime temperatures nearing 100 stead of basic necessities for a decent life, before Saddam, according to the official Pen- degrees and downed utility lines, our Iraqis had a referendum—already suspected tagon version, was captured in his hole on brave men and women heeded the call of massive fraud—on a constitution few have the ground. The tribunal is supposed to judge of duty to perform selfless acts of cour- even seen. crimes committed by Iraqis—inside and out- Starting on Wednesday, Iraqis, and the side the country—between July 17, 1968 age. rest of the world for that matter, get a run- (when the Ba’ath Party took power) and May During around-the-clock flight oper- ning soap opera—the trial of Saddam Hus- 1, 2003, as well as war crimes perpetrated ations over a 7-day period, our Coast sein, under whose regime, for all its terror, during the Iran-Iraq War (1980–1988) and the Guard helicopters operating over New and then 12 years of economic sanctions, invasion of Kuwait (1990–1991). Orleans saved an astonishing 6,470 Iraqis at least had security, electricity, So a string of trials may be in the offing— lives. They also helped to save thou- water and jobs. concerning, for starters, the Anfal campaign sands of other victims by delivering This ‘‘trial of the century’’—or at least the of 1987–1988 which killed at least 5,000 Kurds, tons of food and water to those who early 21st century—starts at a secret Green the invasion of Kuwait in 1990, the suppres- Zone location, by an anonymous court, and sion of the Shi’ite uprising of 1991 (which could not be evacuated immediately. In under extreme, U.S. military-imposed secu- may have killed 200,000 people) and the wide- all, the Coast Guard rescued 33,500 peo- rity measures. It’s a made in U.S.A. affair— spread assassination of Shi’ite religious lead- ple in its response to Katrina, six times in administrative and financial terms. ers, like the Grand Ayatollah Baqr al-Sadr. the number of people it rescued in all The court, the training and the whole pro- f of 2004. ceedings cost U.S. $75 million—courtesy of The SPEAKER pro tempore. Under a Mr. Speaker, I am extremely proud of U.S. taxpayers (the budget was allocated in the Coast Guard air crew rescue swim- May 2004). About 300 people—paid by the previous order of the House, the gen- Americans—work on the trial machinery. tleman from Texas (Mr. MARCHANT) is mers, many of whom trained at the The five ‘‘secret’’ Iraqi judges—Shi’ites and recognized for 5 minutes. Coast Guard Aquatic Training Facility, Kurds, no Sunnis—are paid by the Ameri- (Mr. MARCHANT addressed the located in my congressional district at cans, live inside the Green Zone and are pro- House. His remarks will appear here- the Coast Guard station in Elizabeth tected by the Americans from, being kid- after in the Extensions of Remarks.) City, North Carolina. The Coast Guard napped or killed. rescue swimmers faced some very ad- They have received special training from f verse conditions, including flooded U.S., British and Australian legal experts and have even staged a mock trial in Lon- b 1700 houses and buildings, steep slippery don. They are supposed to be ‘‘independent’’ The SPEAKER pro tempore (Mr. roofs, foul and contaminated water, in a country on which ‘‘the United States SIMPSON). Under a previous order of the and the need to hack through attics continues to wield vast influence’’, according House, the gentleman from Indiana with axes or break out windows to free to the understated Associated Press. Human (Mr. BURTON) is recognized for 5 min- the survivors. Despite these obstacles, Rights Watch has warned on the record that utes. these brave men and women saved the trial may be ‘‘violating international many American lives. standards for fair trials’’. (Mr. BURTON of Indiana addressed The initial charges against Saddam will the House. His remarks will appear The Coast Guard’s responses to focus on the killing of 143 Shi’ites in the vil- hereafter in the Extensions of Re- Katrina and Rita should serve as a lage Dujail, north of Baghdad, in 1982, after marks.) model for our governmental agencies an assassination attempt against him. Re- and our first responders in the face of f cently disclosed images from Iraqi TV at the future disasters. These brave men and time show Saddam touring Dujail in tri- The SPEAKER pro tempore. Under a women succeeded in keeping these dev- umph—but not the hostility of the crowd. previous order of the House, the gen- astating events from becoming even The assassination attempt was claimed by tleman from Maryland (Mr. CUMMINGS) greater tragedies. I thank the Coast the Shi’ite Da’wa Party. Current Prime Min- is recognized for 5 minutes. ister Ibrahim Jaafari happens to be a leader Guard for their dedicated service, and I (Mr. CUMMINGS addressed the ask my colleagues to join me in con- of the Da’wa Party. As far as he’s concerned, House. His remarks will appear here- Saddam should be pronounced guilty in no gratulating them and supporting my time. ‘‘We are not trying to land on the after in the Extensions of Remarks.) future efforts to upgrade their training moon here . . . It’s enough [to try Saddam] f facility in my congressional district. on Dujail and Anfal. The tribunal is just and open, he has a defense lawyer and the verdict TRIBUTE TO COAST GUARD IN EF- f will match the crime . . . I don’t want to in- FORTS DURING HURRICANES The SPEAKER pro tempore. Under a tervene in judicial proceedings, but why do KATRINA AND RITA previous order of the House, the gen- we say now that more time is needed?’’ The SPEAKER pro tempore. Under a tleman from Michigan (Mr. STUPAK) is Six other people are being tried alongside recognized for 5 minutes. Saddam. They include his half-brother previous order of the House, the gen- tleman from North Carolina (Mr. (Mr. STUPAK addressed the House. Barzan al-Tikriti—who was the head of the His remarks will appear hereafter in terror-inflicting Mukhabarat intelligence BUTTERFIELD) is recognized for 5 min- services; his notorious henchman Taha utes. the Extensions of Remarks.) Yassin Ramadan; Awad Hamed al-Bander, Mr. BUTTERFIELD. Mr. Speaker, I f the judge who sentenced many in Dujail to rise today to recognize the extraor- The SPEAKER pro tempore. Under a death; and four Ba’ath Party officials. The dinary efforts of our Coast Guard in previous order of the House, the gen- prosecution charges that Saddam himself, as the aftermath of hurricanes Katrina tleman from Ohio (Mr. RYAN) is recog- head of state, certified the executions pro- nounced by an Iraqi special tribunal presided and Rita. The Coast Guard again dem- nized for 5 minutes. by Bander. onstrated just how well they live up to (Mr. RYAN of Ohio addressed the This won’t be an American-style court- their Latin motto, which means: ‘‘Al- House. His remarks will appear here- room drama. There’s no jury. The chief judge ways Ready.’’ after in the Extensions of Remarks.) will question a number of witnesses. Many Several days before Katrina made f have already been interviewed before the landfall, the Coast Guard activated trial. The five judges decide whether Saddam emergency response plans, while main- THE BUDGET and his six co-defendants are innocent or taining communications with both the The SPEAKER pro tempore. Under a guilty. Saddam will have the right to call witnesses. Atlantic and Pacific commands and previous order of the House, the gen- If he is convicted, his defense team will be headquarters in Washington. As the tleman from Massachusetts (Mr. MAR- able to file a number of appeals before the disaster drew near, if something did KEY) is recognized for 5 minutes.

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8958 CONGRESSIONAL RECORD — HOUSE October 19, 2005 Mr. MARKEY. Mr. Speaker, Catho- live in poverty. In response to this na- I simply cannot reconcile this budget with lics have a sacrament, the sacrament tional revelation, Republicans have re- my values because this budget does not re- of penance, which they call reconcili- visited our national budget and made a flect who we are as a nation and what we be- ation. It is a time when you revisit decision to cut programs from the lieve our responsibility is to other Americans. your own life to take a close look at poorest of the poor while protecting a We will be judged by how we take care of how your daily actions square with new tax cut giveaway to the richest of the least of our people. what you believe. As a Catholic, look- the rich. Instead of limiting these tax We will be judged by our decision to turn ing at this budget, I cannot square the cuts to millionaires, the Republicans our backs on those Americans who were driv- moral values of our country, oppor- have decided to rebuild New Orleans on en to cry out HELP—We are your neighbors, tunity, equality and justice, with the the backs of the poorest people from your grandmothers, your children. practical impact that this budget pro- the rest of the country. I urge my colleagues to vote ‘‘no’’ on this posal will have on the lives of working This is a moral question, not a budg- shortsighted, fiscally. irresponsible and im- American families. et matter. The Republicans are build- moral budget. This year, thanks to President Bush’s ing the high levees around their threat- f tax-cutting program, the U.S. Govern- ened tax cuts, while letting the flood The SPEAKER pro tempore (Mr. ment will deliver up to $106 billion to swamp the programs that matter for KUHL of New York). Under a previous the multiple bank accounts of some of the rest of Americans. This is what the order of the House, the gentleman from the wealthiest Americans. This govern- debate is really all about. It is about Massachusetts (Mr. MEEHAN) is recog- ment program to help wealthy Ameri- our values as a Nation and how they nized for 5 minutes. cans spend more money now forces a are reflected in how we govern, how (Mr. MEEHAN addressed the House. false crunch on our resources, a $50 bil- America should treat its neighbors, our His remarks will appear hereafter in lion cut that Republicans believe fellow Americans, who by an accident the Extensions of Remarks.) should come from Medicaid, food of birth came into this world unable to f stamps, and student loans. Who will see or who were born into a family The SPEAKER pro tempore. Under a feel the impact of these cuts? Well, al- without the means to put food on the previous order of the House, the gentle- most 60 percent of all people in nursing table, or who had the misfortune to de- woman from South Dakota (Ms. homes who are on Medicaid, and one- velop Alzheimer’s. Should we let them HERSETH) is recognized for 5 minutes. third of all babies who are born on starve? Should we tell their children (Ms. HERSETH addressed the House. Medicaid, and 8 million Americans they will never go to college because Her remarks will appear hereafter in with disabilities who depend on Med- their parents cannot pay the tuition? the Extensions of Remarks.) icaid, and 36 million Americans who Shall we turn them away from the hos- f have to worry about going hungry. pitals because they cannot afford the How do we, as a Congress, reconcile care and do not have the insurance? Or REPUBLICANS WORKING HARD TO the fact that these cuts will dispropor- should we as a country decide that in KEEP DEFICIT SPENDING UNDER tionately affect low-income Americans, this land of plenty no one should go CONTROL the elderly, and the poor? The answer without basic human dignity? The SPEAKER pro tempore. Under a is we should not reconcile ourselves to As a Catholic, I was brought up to be- previous order of the House, the gen- such an action, not for 1 minute, not lieve that character is judged by how tleman from Texas (Mr. GOHMERT) is for a nanosecond. If we are going to we treat the least amongst us. This recognized for 5 minutes. dramatically change for the worse the budget does not pass that test, and my Mr. GOHMERT. Mr. Speaker, it is lives of millions of children and fami- hope is that tomorrow we as a Congress very difficult to listen to people come lies and senior citizens across the coun- will rise up to defeat it. up and talk and talk and demagogue try, it had better be because we had to, Poverty is on the rise in our country, 37 mil- that, gee, the Republicans are letting not because we chose to. And there is lion Americans are now in poverty. the deficit grow so big, when the people no doubt that Republicans have now A family of two in poverty—a single mother that are talking about it keep pro- chosen to rob the poor to maintain and with her child—is living on $1,069 a month. moting one giveaway after another create new tax breaks for the rich. About 14 million Americans are living on giveaway after another giveaway. It We are not simply robbing the poor half of poverty. A single mother with her child seems to some of us that we spend half of resources. The proposed cuts are rob- living at half of poverty is trying to survive on our time trying to fight off the incred- bing the poor of opportunity. The rec- $535 a month. ible giveaway and deficit spending of onciliation budget targets programs That is two people living on $123.37 a those who are accusing the Repub- that work to bridge the gap between week. licans of letting the deficit get too big. rich and poor, Medicaid, food stamps, And each day in America 2,385 more ba- You bet, it is too big for me. I do not and student loans, that strive to even bies are born into poverty. like it. I do not want to saddle my chil- the playing field for all American fami- The Republicans will say that society has lit- dren with indebtedness, so we are lies. tle obligation to help the poor because they working and fighting to keep some of Eight weeks ago, across the United fail to take personal responsibility for their those who are complaining across the States, Americans saw the faces of lives. aisle from giving away even more. So other Americans staring up at them The United States has highest GDP in the thank goodness there are some con- from television screens scratching out world. We are first in military technology; first servatives who are trying to keep the desperate signs on rooftops. Help us, in military exports; first in Gross Domestic deficit down. Thank goodness we are the signs said. Grandmothers, brothers, Product; first in the number of millionaires and making headway. Thank goodness the nieces, nephews, newborns, the faces of billionaires; and first in health technology. But deficit is going to be $200 billion less families who could be our families, we rank 12th in living standards among our than what was expected. We are mak- neighbors who could be our neighbors, poorest one-fifth; 13th in the gap between rich ing progress. but desperate, alone, and calling out to and poor; 14th in efforts to lift children out of I cannot apologize for having tax the world to see. Across the country, poverty; 18th in the percent of children in pov- cuts that go to those who pay taxes, Americans answered with one voice: we erty; and 37th in the health status of our citi- because to give tax cuts to those who are better than this. This is wrong. zens. do not pay taxes is not a tax cut, it is This is immoral. This must not be al- We should be working to close these gaps a giveaway, yet another giveaway. lowed to continue. We must take care and ensure that all Americans have a fair After 9/11 we should have had another of our own. It is our responsibility. It is chance at life and are treated with basic 1929-type depression, it was that dev- our duty. It is who we are as a people. human dignity. astating to this country. Yet because As a country, we saw that 100,000 peo- Instead, this reconciliation plan will take we had a President who pushed forward ple were trapped in New Orleans be- away food, health care, education and the with a tax cut to those who pay taxes, cause they did not have automobiles to ability to live in dignity in old age from people we ended up having a mild recession escape the flood waters. We found that who have no other options. This budget will and came charging back, as we con- 50 percent of all children in Louisiana proliferate existing inequalities. tinue to do.

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8959 So in closing, it just seems to me would drop our subsidies from $19 bil- tant, really much of this comes down that people who are pushing for give- lion a year to roughly $17.5 billion a to what we need to have is an open dis- away after giveaway, or runaway year, and at the same time we are pro- cussion of what we are paying for. spending, and who then come in and posing that the European Union reduce According to the National Center of complain about the deficit is a bit, it agricultural subsidies to 83 percent, Health Statistics, 83 percent of chil- seems to me, like a herd of cattle which would be a decrease from $80 bil- dren in this country under 18 years of standing around a lake complaining lion down to $15 billion. That is a big age have excellent to very good health. that the water does not taste all that drop, but still the European Union That is good news. fresh. For those of us who are fish that would be subsidizing double what the Now 17 percent of America’s children are trying to have clean water, it is United States does. The European are in less than favorable health, either just a little difficult to have people Union has rejected this offer at the to mild or severe levels. We have to plopping stuff in the water that is just present time. make sure we do all we can to help tough to swallow. I think it is important that people these children have a better health fu- f realize what happens in the next round ture and help the rest remain healthy. of WTO talks will have great implica- According to the American Academy of WTO NEGOTIATIONS ON U.S. tions for the next farm bill which will Pediatrics, 6.3 million uninsured chil- AGRICULTURE be written in 2007 and go into effect in dren, over two-thirds of all uninsured The SPEAKER pro tempore. Under a 2008. We are apt to see a move toward children in America, are currently eli- previous order of the House, the gen- conservation types of payments, away gible either for Medicaid or for the tleman from Nebraska (Mr. OSBORNE) is from traditional types of payment. State health insurance programs, but recognized for 5 minutes. We will have to be concerned about they are not enrolled. There are many Mr. OSBORNE. Mr. Speaker, at the developing countries like Brazil. Brazil opportunities. I know the State of present time we are conducting some has land valued at $250 to $500 an acre. Pennsylvania, where I represent the talks, WTO negotiations, involving the They have enough rain and topsoil to 18th Congressional District, really has European Union. I would like to call produce two crops a year. Their labor very good services and insurance for attention to some figures that I think is 50 cents an hour. They can pretty children of a low income level but we most people are not totally aware of. well bury us if we do not provide some need to make sure that we expand en- First of all, if you compare the subsidy for our agriculture. rollment and get those kids beyond. United States economy with the Euro- Lastly, I would like to issue a warn- For those who are uninsured or under- pean Union, the United States econ- ing. We saw what happened to our pe- insured but beyond the level of Med- omy is $11.7 trillion annually and the troleum industry. We found we could icaid, there are several things that we European Union is $9.4 trillion. So they buy a barrel of oil from OPEC a few should be looking at to make sure that are pretty comparable. The import tar- years ago for $10 a barrel. We began to they get the health care they need to iffs we have on goods coming from the get more and more from OPEC. Fi- maintain their health to prevent high- European Union into the U.S. are 12 nally, we are pretty well dependent on er expenses for emergency care. percent, and tariffs on U.S. goods going foreign sources of oil. We cannot afford But what this means is not just more into the European Union are 30 per- to let this happen to our agricultural discussions on we are cutting money cent. economy. Certainly changes are in out of Medicaid or other aspects. Look So we have comparable economies order, but I think it is important we at what has happened to the growth of and yet a tremendous disparity in tar- proceed cautiously because we do not Medicaid. In 1995, and this is for all iffs. This led to an agricultural trade lose our food supply to foreign sources, ages, Medicaid spent $150 billion. We deficit of minus $6.3 billion last year, which would be even more devastating are now up to $300 billion. About half of which was the biggest deficit that we than losing our oil supply to sources Americans are covered by some level of had with any entity that we were trad- abroad. Federal insurance or health care. But ing with for agriculture. f the system is growing, and the concern On export subsidies, the European is it is growing out of control. Union provides $3 billion and we pro- CHILDREN’S HEALTH MONTH While we are looking at such things vide $31.5 million, so they are roughly The SPEAKER pro tempore (Mr. as how do we pay for Hurricane 100 to 1 on money they spend on sub- KUHL of New York). Under the Speak- Katrina’s outcome in this devastated sidizing their exports to other coun- er’s announced policy of January 4, gulf region, how do we take care of so tries. As far as farm subsidies per acre 2005, the gentleman from Pennsylvania many needs, is it fair to just continue are concerned, the United States sub- (Mr. MURPHY) is recognized for 60 min- to say to the American people we are sidizes agriculture at $38 per acre with utes as the designee of the majority going to continue to spend more with- the European Union at $295 an acre. So leader. out finding ways of eliminating waste this is a tremendous discrepancy. Mr. MURPHY. Mr. Speaker, I am and fraud and abuse? One other set of data I wish to point joined by my colleagues this evening to Let me give an example. The New out is that we have had two cases of talk about Children’s Health Month. It York Times wrote recently about an BSE, or mad cow disease, in the United is very important for all families in our amount of some $4.4 billion in Medicaid States. The European Union has had Nation, and certainly an issue that fraud in that State. One dentist billed 189,102 in the European Union in the concerns all of us on both sides of the for over 980 procedures in one day. last 10, 15 years. Yet the European aisle. Clearly these were patients that were Union excludes our exports of beef into While the rhetoric of the House often actually being seen. Another company the European Union, our pork, our ge- echoes through these walls about cuts used van rides for supposedly disabled netically modified crops, such as corn, and people being harmed, it seems to people, billing those rides to the gov- and also poultry. So we are really hav- me that is the only part of the discus- ernment. But these people when fol- ing a very difficult time with the Euro- sion that we are taking away. Little of- lowed by a reporter clearly were not pean Union when you look at all these fers are made in terms of what is need- disabled. They walked around just fine. figures. ed. There is example after example after Currently, we are having some pre- What we do often hear is discussions example. liminary WTO talks where we are look- of who is paying. Should individuals I believe the American taxpayer ing at some ways to try to fix world pay, insurance companies be taxed wants to make sure that this waste, trade, and I want to point out a couple more, businesses be given tax cuts, per- this fraud, this abuse is removed from of things. haps health savings accounts, associa- the health care system. But it is not tion health plans, or just have the Fed- just a matter of that. When it comes to b 1715 eral Government take over? But this our children, we also have to make First of all, we are proposing that the should not just be an issue of who is sure the system works with these pro- United States reduce farm subsidies 60 paying, for although that is important, grams in ways that optimize the health percent, which would mean that we and how much we are paying is impor- and outcome.

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8960 CONGRESSIONAL RECORD — HOUSE October 19, 2005 One of the things that I want to talk there? Maybe they skip a prescription, formed, active patient and you have a about today, along with the gentleman maybe they did not pick it up on time, prepared, proactive practice team. from Georgia (Mr. GINGREY), is trans- maybe they do not fully understand all No longer the passive system, the forming our health care system. We of- the elements of diet and medications doctor says here is your diagnosis, here tentimes use a tongue-in-cheek quote for complicated diseases. What does is your prescription, good luck, call me around here that says one of the defini- that mean? You can end up with chron- if there is a problem. If that prescrip- tions of insanity is doing the same ic diseases, repeat tests, many hos- tion is not filled, there is a call from thing over and over again and expect- pitalizations, emergency care may be the doctor. It is a system of interaction ing different results. Indeed, in the required, increasing medications, going between the patient and doctor to health care system where so much from doctor to doctor who may not make sure they are going back and money is used inappropriately and know the other medications the child forth. wastefully, we ought to have some is on, leading to further risks, and all Mr. Speaker, I am not talking about changes. of this costs unnecessary money, un- things that take place only in families From the Center of Health Trans- necessary time in hospitals, increases that have access to computers and fi- formation, they say we have this cur- the risk for harm, and what happens, nances to do this. A lot of this is done rent health care system and we are try- we end up paying for it. in areas of low income levels, of high ing to come up with some reforms About 10 percent of the cases that risk populations where we really find it within the network. We try things like show up in an emergency room are is much more affordable. What we need so much money is going to pay for di- someone who has no ability to pay, but to be looking at here as Congress is agnoses. We ask for some procedures to it is estimated that 60 percent or more, when we are reviewing such things as be done inpatient and outpatient, all 60 percent or more of patients who the Medicaid system, it is not just say- within that system. What happens is if show up in emergency departments are ing we are going to lop off $8 billion or this system does not change, it will nonemergencies. If in such cases the $10 billion and see what happens. It is a lead to some decay. The system cannot care was given ahead of time, whether matter of doing more effective work. continue to go the way it is. Anyone it is through a community health cen- Much like a household that says our who owns a small business or a house- ter, a clinic, direct patient care with a spending is going out of control, they hold cannot continue to operate the physician, if we monitored and kept a do not just say let us not spend any more. Every small business and family way our health care system operates. careful eye on those children with does this. They look at what they are When we go into hospitals, inpatient/ chronic conditions, we could save mas- spending, but you have to change some outpatient, you will see the latest sive amounts of money. equipment, the greatest skilled per- This is not cutting care, it is improv- of your habits and make habits more sonnel, MRIs, PT scans, CT scans, but ing care. Emergency care can cost five effective. The system that seems to be adapt- very often we also see that data is kept to eight times more than outpatient ing the slowest is our health care sys- on patients on pieces of paper. We have care, and we can actually save billions tem, perhaps because we just keep 21st century health technology kept on of dollars in the system. This is where doing the same thing over and over 16th century monitors. What happens, we can find savings, and in so doing we again and expecting different results. people slip through the cracks. The save lives as well as money. But this What the Federal Government is wrong prescriptions are ordered. Tests means we use a chronic care model and going to do and what we are doing here that are done have to be repeated be- not the inefficient going to a doctor, in the Republican Conference is asking cause someone cannot get them. another disease, go to another doctor. those questions and demanding some I was talking to one of our colleagues What this involves is not just the answers of changing some of that sys- today and he was telling me how a health system, it really involves the tem. sonogram was done of his wife who is community, the resources. What takes What I would like to do is call upon pregnant, but he cannot get it from place, the support systems, the fami- the gentleman from Georgia (Mr. here back home to his wife because he lies, the individuals helping to make GINGREY), who as an obstetrician has has to carry it manually. It cannot be sure they are watching their children, worked with many families, particu- e-mailed. We take e-mails for granted, they are educated and they know what larly in the area of prenatal care. One but doctors have to wait for papers to to do. It is making sure we have a de- of the critical areas in cutting costs transfer locations. livery system involved with making and being more effective in health care What happens? Can we come up with sure doctors are notified if someone is dealing with prenatal care in an ef- some real changes to really help our does not pick up their prescriptions. A fective and positive way. children? Yes, if we switch to an intel- lot of this can be done with electronic Mr. Speaker, I yield to the gentleman ligent health system that uses elec- prescribing notification. It is making from Georgia (Mr. GINGREY) to talk tronic prescribing, electronic medical sure that clinical information systems about these aspects of prenatal care, records, real patient care management are there so that if X-rays are done, and he can tell us about some of the for our children rather than having a procedures and tests are done, that in- elements of saving money by doing system that gets bogged down and col- formation is communicated back to more effective patient care manage- lapses of its own expense and weight, the doctor. ment. we can come up with success for our One study I looked at said something Mr. GINGREY. Mr. Speaker, I thank children and no longer be mired in fail- like 14 percent of the charts reviewed the gentleman from Pennsylvania (Mr. ure. the physician found that they were MURPHY) for leading this hour during Let me describe a little bit about missing some important data. Perhaps this week of Children’s Health Care Ini- what we mean by managing the whole the physician referred the patient on to tiative and calling attention to the patient. A lot of what people think have some testing done, and it was health of our children. The gentleman happens when they have an individual never done. In the majority of these from Pennsylvania (Mr. MURPHY) has or chronic disease is something com- cases, the doctor said it would affect worked extensively in the field of psy- mon, like diabetes or asthma in a what diagnosis they had and future chology, particularly child psychology. child, the doctor will examine and tests called for. He has actually written a book and has make sure that the child has the right This is not a matter of just saying we another coming out soon on the sub- medications, watches their diet and the are going to cut care, this is improving ject. I think as we get further into the environment around them, and hope all care. But this also means that clinical hour, we probably will discuss a little goes well. As long as the parents are information systems must be there. about bit about how important a monitoring that carefully and there is They are a critical component of child’s not only physical health but communication between doctor, nurse, health care, of having the physician their mental health is. patient and child, you can have a pret- and nurse and family work together. ty good system. What happens if the What does that do? It is a matter of b 1730 information does not get to the par- having productive interaction between But I do appreciate the opportunity ents, the patient education is not quite everybody involved. You have an in- that the gentleman has given me, Mr.

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8961 Speaker, to share some of this time infant, the cost of taking care of a and we do not care enough about the with him. child in that situation in the very ex- poor and underprivileged and people My background in a prior life, my pensive setting of an intensive care that do not maybe have the same op- professional experience was for 30 years nursery, a 2-month stay, and that portunity that the upper middle class in the practice of medicine, and the would not be uncommon for a very society has. specialty that I enjoyed practicing was small infant, could approach easily But let me tell the Members we do obstetrics and gynecology; and we have $750,000 to $1 million worth of health care. We do care. And this reauthoriza- that opportunity in that field of medi- care. And that, Mr. Speaker, is really tion is proof of the pudding. cine to see a child at the very begin- just the beginning. Just a little historical perspective on nings of life and know how critically That is just the beginning of the that. Head Start and its cousin, Early important a good start is. We talk cost, because if there is a disability Head Start or comprehensive child de- about some of the things that this Re- that is long lasting or maybe even last- velopment programs, serving children publican majority has done, some of ing a lifetime, and that is often the from birth to age 5, as I stated, as well the very good programs since President case, whether it is a heart defect or a as pregnant women and their families, Bush has been in office, certainly not musculoskeletal deformity or a mental the critical component of the Head the least of which is No Child Left Be- defect as a result of lack of oxygen, Start program is that it is child fo- hind regarding our K–12 education pro- sometimes even blindness, the cost is cused with the overall goal to increase gram. But it is so important from the just astronomical. So it is so impor- school readiness of young children in health care perspective that no child is tant, it is so important, that we do low-income families, Mr. Speaker. The left behind from the moment of concep- things in this Congress at the Federal Head Start program has a long tradi- tion. level to encourage that women get pre- tion of delivering comprehensive and So I do want to talk a little bit about natal care and that children are born high-quality services designed to foster the importance of prenatal care and ac- healthy and that, indeed, no infant, not healthy development in children that tually call my colleagues’ attention to just no child left behind, but no infant need our help the most. this one poster that I have here regard- is left behind. The program provides a range of indi- ing prenatal care, entitled ‘‘Proper So I just wanted to go over with my vidualized services in areas of edu- Prenatal Care Leads to Healthy Chil- colleagues some of the things in regard cation, early childhood development, dren.’’ No question about it. Some of to prenatal care that are so important but not stopping there. It also offers the bullet points, these may be a little that I always stress to my patients: of medical, dental, and mental health bit difficult to see, Mr. Speaker, but course, encouraging immunizations services to these children and to their hopefully we can focus the camera in and vitamin supplements, monitoring families. It even goes a step further by on the bullet points. of diet, increased physical activity, providing nutritional counseling and First of all, 1 million, 1 million, clearly to avoid smoking and alcohol encouraging parental involvement in American women deliver babies annu- use during pregnancy and drug use. their child’s development. It is a rich ally without receiving prenatal care. Certainly any drug use that is non- program. I have got a lot of statistics, Secondly, in the United States, more prescription or not under the jurisdic- and as we continue the hour, I will re- than 250,000 low birth weight infants tion and guidance of a physician is to late some of those specifics, particu- are born each year. More than 250,000. be discouraged. Environmental factors larly in regard to the reauthorization Now, for my colleagues’ understanding, are hugely important. As I say, a and how much we are doing in that a low birth weight infant is one that healthy diet, a regular weight check, program. weighs less than 2,500 grams. That is physical activity, all of these things But I just wanted to point out, as I about 51⁄2 pounds. Those children are are so important. And then to come see know the gentleman from Pennsyl- not all premature. In some instances the physician on a regular basis during vania (Mr. MURPHY) agrees, how impor- they are unhealthy children who are the pregnancy. This is how we avoid, tant it is that we do everything we can near term, but low birth weight. But Mr. Speaker, these 1 million American to make sure that our children get a most of them, most of these 250,000 low women delivering babies annually ei- good start in life. And as I have stated birth weight infants are actually born ther without receiving prenatal care or at the outset, the prenatal care aspect premature as well. ending up with premature deliveries. is hugely important. Programs like the And the third bullet point, low birth I want to, if the gentleman would Early Head Start and Head Start pro- weight infants are more likely to suffer allow me, to expand on this a bit. It is gram so that the children, all children, from disabilities, things like heart de- not just being born healthy and well; when they get to that 5-year-old kin- fects and respiratory illnesses. They but the first 5 years of life, what hap- dergarten class or get to the first are four times more likely to pre- pens to the child after that is tremen- grade, that they have an equal oppor- maturely die than infants with a nor- dously important as well. I have a tunity with their peers and they are mal birth weight. grandson, little Grey Collins. He will not starting school with one hand tied I have had many situations, Mr. be a year old soon. And it is so much behind their back. So it is hugely im- Speaker, as an obstetrician having de- fun to see him, and I often have that portant that they are healthy, that livered over 5,000 children, where opportunity to see him, watching the they are happy, that they are loved and women come into the emergency room little Baby Einstein tapes, that he is they have an opportunity, as we all having had no prenatal care. And they hugged many times a day and loved by want, in life. are clearly the ones who are more like- his parents and grandparents and his At this point I will continue to be ly to deliver these low birth weight ba- aunts and uncles and how important it here with the gentleman from Pennsyl- bies and deliver them prematurely. is to provide that love and affection to vania (Mr. MURPHY) during this hour. That is why I think it is so important, a child and let them know that they Mr. MURPHY. Mr. Speaker, reclaim- and I know the gentleman from Penn- are loved, and we will get into that. I ing my time, I thank the gentleman for sylvania (Mr. MURPHY) would agree am sure the gentleman from Pennsyl- his learned information for our col- with me, that when we emphasize the vania (Mr. MURPHY) will talk about leagues to be aware of not only Head issue, the immigration issue, of secur- that later in the hour as he discusses Start but about prenatal care. ing our borders and want to make sure things like childhood obesity and One program I want to mention, the that every immigrant that comes into childhood mental health. National Nurse-Family Partnership, is this country comes here legally and But I wanted to speak a little bit a great example of success. It is a pub- has an opportunity to get prenatal about a program that we just reauthor- lic-private nonprofit center. I believe it care, as, of course, many of those who ized in the last couple of weeks here in is centered in Colorado, with over 700 come in an illegal manner are afraid or this 109th Congress, and what I am nurses delivering in-home prenatal do not now how or where to get pre- talking about is the Head Start pro- care and early infant care to more than natal care and will just show up in the gram. Sometimes we get criticized, we, 13,000 low-income families throughout emergency room having delivered an the Republican majority, that we do the Nation. Interestingly enough, they unhealthy premature low birth weight not care enough about social programs were able to demonstrate they could

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8962 CONGRESSIONAL RECORD — HOUSE October 19, 2005 return $4 savings for every $1 invested to eat any more of that or they need to terms, for something that we continue in these services by the time the chil- get out and play. to see in this Nation as a sign of weak- dren reach age 15 by reducing expendi- The annual hospital costs for obe- ness instead of a real disease. tures for such things as special edu- sity-related disorders in children ages 6 Again, if we are going to deal with cation, emergency room visits. Again, to 17 years of age increased from $35 things in the health care area, to truly when we use a more comprehensive pa- million to $127 million between 1979 reduce costs and deal with patients, we tient care model, we look at the whole and 2000. It is a lack of physical exer- have to understand in the area of chil- family and not just the individual dis- cise; 38.6 percent of United States dren’s mental health psychological dis- ease, we can save money and provide adults report they have no leisure-time orders are real. They are not made up. care. physical activity at all. The annual es- They are not indications where some- Secondly, I also applaud my col- timated cost for diseases associated one is weaker and ineffective. league for bringing up those aspects with this physical activity in 2000 was There is a very strong and consistent about Head Start and Early Head $76 million, but we know that daily scientific basis to say that the myth of Start, so critically important for fami- participation in physical ed classes by psychological disorders and psychiatric lies who are struggling to make ends high school students has dropped from disorders has to be debunked. Kids do meet to have this system that really 42 percent in 1991 to 29 percent in 1999 have real problems. Adolescents have puts the parent at the center of the and continues to decline. more problems. Adults have even more child’s care, making sure they are in- problems, and all these grow when we b 1745 volved in all the decisions, making do not deal with these problems at an sure they have the information they Even though we have data that con- early level. need to have, making sure that they tinues to tell us physical exercise is There are biological and environ- are, in essence, put into the role of par- critical and important, not just for a mental causes. It is interesting, you ent and not government in the role of child’s physical health, but really, as can have some children face tremen- parent; and that makes all the dif- we are looking at ways of managing dous difficulties in their life and they ference in the world. this, we cannot continue to just pump do not seem to show problems in men- Let me shift into another area here, money into the Medicaid system and tal outcomes, but that does not mean however, that is also critically impor- into our insurance systems to cover that those who do have problems are tant and something we dealt with the costs of the outcome at the end of simply weak. Just like some of us may today. At any point if my colleague has the line. be exposed to the flu, some of us may comments he wants to make, I cer- We need to go upstream and work on eat different, and be around those who tainly would encourage him to do so. some basic prevention, and that means, smoke and never develop any symp- But this is the area of childhood obe- quite frankly, mothers and fathers toms at all, where others are suscep- sity. Today, we passed a bill out of the across America have to work on these tible to them as part of their own bio- logical genetic makeup. House that said that we cannot just be issues of teaching their children to be Again, it does not mean they are blaming restaurants and fast-food com- responsible for their own bodies, mak- ing sure that we, as Members of Con- weak or ineffective. It means a com- panies and food manufacturers when bination of the biological and environ- gress, are talking about these issues, someone has obesity problems. Indeed, mental factors that caused this. You but making sure as we monitor how it is something we all have to work on cannot simply say if we take care of money is spent we are much better off and have responsibility for because these environmental causes it will looking at ways that funding could be whether they are healthy snacks that a never occur. Sometimes people say, given to communities, programs, to person eats too much of or unhealthy well, maybe it is poverty that causes schools, to hospitals to help make sure snacks, whatever that is, we have to some of these difficulties with mental we are working on prevention of obe- make sure that we watch our diet and illness, and that is not the case at all. sity rather than paying the high costs have proper exercise. Depression, bipolar disorders, attention at the end of the line for so much of Unfortunately, what has happened in disorders, anxiety disorders occur at this Nation, I believe it may only be the increases in health care because all lines of children. Boys sometimes the State of Illinois that still requires obesity has continued to climb. have more than others, but there is gym class in school, and as such, chil- Now, with obesity often comes behav- this link between biological and envi- dren spend much more sedentary time ioral disorders as a matter of fact. ronmental causes. Boys have more at home, playing video games or in Many a child I saw in my clinical prac- problems, for example, with attention front of the television, less active, and tice as a psychologist oftentimes came disorders. Girls may have different eating more during that time. This is a in a child who was well overweight, symptoms with depression, but in all major contributor to childhood obe- teased by their peers, struggled with cases we also see there is a com- sity. And what has happened in the last this on top of their other physical monality between parents and grand- 10 years, and look here, the proportion problems. They oftentimes got in this parents having some of these diagnoses of obese children has tripled since 1970. downward spiral, less activity, more that I mentioned for anxiety, bipolar It has doubled in the last 10 years, tri- socially isolated. Perhaps they were disorder, attention disorder, depression pled among teenagers actually during teased by other kids, the butt of jokes, and their children. Not always chil- this time period, and increased a sad condition, and many of these dren, but certainly some where you incidences of disease associated with children also suffered problems with have significant environmental that, including such things as now we mental health. stresses and reactions which interact. see adult onset diabetes showing up in What happens in the area of mental We may see, for example, as the out- our children. We also see heart prob- health is sometimes in this Chamber come of the hurricanes in the gulf lems showing up. We see the risks that and our Nation, we look down upon it coast that there will be some children take place with blood pressures that from a couple of different angles. We who live through tremendous trauma, are showing up in children who really see perhaps mental health problems are and they may have some post-trau- did not have these problems before. some sign of softness, that perhaps peo- matic stress reactions, but it may This is an estimated annual cost of ple should be a little tougher, take it never reach the level of post-traumatic obesity-related diseases in the United on the chin, not be so sensitive. Some- stress disorder. It becomes a longer States: $100 billion. $100 billion annual times I am not sure we have advanced term debilitating factor, exhibited, for cost of obesity-related diseases. This is from the days of the Salem witch example, as such things as depression, not something that is cured by simply trials, and blame those who suffer from trouble concentrating, nightmares, et having government come in and tell mental illness and say somehow you cetera. It may never reach that level people what they can and cannot eat. should have done more. because they may in their own biologi- Something has broken down in our Sometimes we ridicule those who are cal factors have resilience, but their families and our communities where we on medication. Jokes still abound on family may be there to support. are no longer telling kids they have television calling people crazy, loony, The other things here is to under- had enough to eat or they are not going out of control, retarded, in derogatory stand that psychological disorders do

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8963 respond to treatment. This may be students in medical schools is once pa- chance of having depression. That is pharmaceutical; that is, medication, tients start getting better with symp- higher than the rest of the population. and it certainly is also matters of toms of depression, the risk for suicide Depression also affects as many as 70 counseling and therapy. This is not may increase because the support sys- percent of patients with chronic dia- just a matter of talking to someone, tems back off and they say Johnny’s betic complications. People with heart giving common-sense ideas. This is a feeling better, we do not need to have disease, 40 to 65 percent of them will matter of very strategic, scientifically him in the hospital or do not need to be have depression, and what is inter- based things such as cognitive behav- around him as much. Perhaps people esting is untreated depression in these ioral therapy to work with patients. are no longer monitoring the person 24 patients can lead to complications, We know, for example, that children hours a day. They start to go back to such as the health care costs can dou- with depression respond fairly well, school, face more stresses. ble. pretty well, to some of the talk ther- As they are getting their energy up, Now, I ask the gentleman from Geor- apy or counseling to help them under- as they are back in the world and gia (Mr. GINGREY) on this, he certainly stand strategies to deal with problems thinking if we do not change the way treated many a patient who had med- in their life, recognize the symptoms they think with depressive thought ical complications as well as some of and do their own intervention them- patterns, if we do not interrupt that the psychological ones, and I would selves to change those symptoms. and change it, you can actually in- like to ask him, in looking at some of But we also know when people move crease the risk for suicide. That being these more comprehensive chronic care from moderate to more severe levels of the case, we have to make sure that as models, of how we need to be moving depression, medication, it is pretty we are looking for more effective ways forward in a modern system of health darn helpful and sometimes almost of spending money, the taxpayer dol- care and not be just looking at indi- necessary for them to have that. It lars in Medicaid and Medicare and vidual disease, but how looking at does not help when we have movie Head Start that we are working com- more advanced forms of bringing tech- stars out there saying there is no such prehensive care with the patient, with nology and changing the system, how thing as mental illness, an irrespon- mental illness as well, such problems he sees that affecting the patient in a sible statement. It does not make as I said before about bipolar; that is, cost-effective way. things go away just because you wish it manic depressive illness, attention def- Mr. GINGREY. Mr. Speaker, as the to be so. I do not want situations put icit disorder, anxiety disorders, all of gentleman pointed out, and he is so upon our country where we see that, these with a strong genetic component right, we need to move into the 21st again, people from Hollywood are say- and elements where we can make huge century in regard to our health care ing, well, there is no such thing as changes in people’s lives. system and modeling. Just trying to mental illness, and therefore, we do not It is something that we need to make come up with better drugs and the lat- treat it. That is wrong. We do know sure we are no longer just criticizing est surgery techniques to treat com- that they can respond to treatment, about overprescribing or perhaps say- plicated illness is not enough. We real- ly need to focus on preventive care. and it is important we continue to fund ing that too many kids are getting You are talking about in the last few in areas of Medicaid and everywhere stimulant medication with attention minutes, of course, your specialty, in else, Medicare, psychological, psy- disorder; we should or should not do talking about mental illness, and as it chiatric treatment because it is help- this. relates also to childhood obesity, and I Here is the crux of this. It really is a ful. could not help but think as I was lis- We also need to, however, carefully matter of having accurate diagnosis tening to your discussion, and as you evaluate the treatment, the planning and treatment and making sure that know, this week we just passed H.R. and follow-up assessment of these. I we are not overmedicating or under- 554. H.R. 554 is the Personal Responsi- will give you a couple of examples. medicating our children. Somehow in bility in Food Consumption Act of 2005. Last year, there was a lot of discus- this Chamber we politicize this to This is a bill my colleagues are aware sion about some anti-depressant medi- somehow think we are doing something of the fact it would not allow someone cation, and when some children took wrong in both areas of the conservative to sue a fast food manufacturer be- it, there was a higher risk for suicidal far right, the liberal far left, somehow cause they have gorged themselves thinking, suicidal ideations we call it. accuse maybe there is some conspir- with a multiple number of Big Macs or What did not come up in those discus- acies involved in this, and there is not. any other kind of fast food, or some- sions are a couple of important factors. It is a matter of making sure the phy- times what we refer to as junk food. It One, 75 percent of psychiatric medica- sicians have the training to deal with is not the fault of the food industry. tions are prescribed by nonpsychia- this. They are interacting a com- I used a little analogy when I was trists. They may be highly qualified prehensive care model, a patient care talking about this on the floor yester- physicians. In many cases, they may be model, disease management model, to- day in discussing the rule of my belt, general practitioners, pediatricians, gether with people of various profes- which is a size 36. That is, I hate to family doctors, obstetricians. Seventy- sions and working closely with the admit, the size of my waist, but if I five percent, however, and they may or families. wanted really out of blind pride to sug- may not be doing the other follow-up We see this in the area of children’s gest that I had a 24-inch waist and I that is necessary. health when you start to look at so cinched that belt down a couple of What anti-depressant medications do many aspects here that you really can notches, in doing so, I put pressure, is they can change a person’s mood. make some huge differences. compression on something referred to They can help change the chemical, bi- I would like to point to a couple of as the lateral femoral cutaneous nerve, ological reaction that a person’s cen- things here and then call upon the gen- it would result in a condition of numb- tral nervous system and brain of how tleman from Georgia (Mr. GINGREY), ness and lack of feeling on the anterior they process stresses that can lead to my colleague, on a couple of questions. thigh. Then should I go out and sue the the debilitation of depression, but it But one of the things to keep in mind belt company because they are at fault does not change the way a person about depression, which is one of the because I misused a product? thinks. That is why it is so important most common mental illnesses affect- This is what this bill, of course, is all that we make sure we are funding pro- ing more than 19 million Americans about, a common-sense type bill. grams that also provide the psycho- each year, that it can cause longer Parenthetically, Mr. Speaker, I also logical therapy for children to help lasting forms. You can lose pleasure in want to mention the gentleman from them understand what these thoughts life, complicate other medical condi- Florida (Mr. KELLER), the author of the are, to help them change the way they tions, can lead to suicide, but it is also bill, our good friend and colleague, is are thinking about the world so as they associated with many other medical actually in the hospital now and recov- start to feel better they do not have issues. ering hopefully from a fairly minor more suicidal risks. For example, cancer has a higher in- condition, but we want to pay tribute Interestingly enough, one of the cidence of depression, stroke. Diabetes, to him. I know he is proud that we things we oftentimes taught medical people with diabetes have a 25 percent passed this bill this week.

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8964 CONGRESSIONAL RECORD — HOUSE October 19, 2005 The comment that I wanted to make are talking about fruit that is lying on and businesses to focus so much on is this issue of personal responsibility, the ground sitting there rotting wait- helping to change that is the State of and parents should have that personal ing for us to pick it up. So clearly that California, for example, estimates that responsibility obviously in the way is what my message would be in regard their statewide tobacco prevention pro- they conduct themselves in regard to to that. gram during the 1990s resulted in over- how they eat and a healthy diet and ex- Mr. MURPHY. I thank the gen- all cost savings of $8.4 billion in health ercise, but even more importantly is tleman. I asked about another issue, care. That is pretty remarkable. the responsibility that they have to too, which is one that is so critically Again, unfortunately, the way the give a good example and instruction to important for children. My colleague Congress scores things with the Con- their children. from Georgia had mentioned before, gressional Budget Office, when we talk I think it is probably the worst form during pregnancy, smoking being one about starting programs that would ac- of child abuse to let these youngsters of the risk factors. I believe that the tually save money, my colleagues are that at a very early age overeat and be- sad statistic is that the Pittsburgh re- aware of this, we never can get an ac- come obese. You have talked about the gion has some of the highest maternal curate measure of what it actually issue of poor mental image, self-image, smoking rates during pregnancy in the saved because of the way the CBO, the and of course, I also see you talked Nation. My understanding is a lot of Congressional Budget Office, scores about Hollywood and, of course, this complications can come when you have things. It is not how much you save, issue of there is no such thing as men- a mother who smokes during preg- but how much you spend. So if we tal illness. I think probably they might nancy. Certainly an important part of would do similar things that would predominate in some of those diseases, prenatal care for our children is under- lead to a smoking cessation during which we categorize as mental illness. standing the importance of helping a pregnancy, and it might cost X number But quite honestly, when a child goes mother to stop smoking during that of dollars, the CBO would score that to school and there is this emphasis on time. but never tell us how much money it thinness and you see these youngsters I wonder if the gentleman can com- would save over time. That is some- wearing these Britney Spears’ jeans ment on some of the complications thing that frustrates all of us because and that sort of thing, a child even a that might come for that mother and the things we are talking here tonight little bit overweight and certainly one that baby not only during labor and de- really require some expenditures to get that is significantly obese, of course livery but the long-term effects for these savings. they are going to have a poor image of that child when the mother smokes Businesses are picking up on this. A themselves. They are going to with- during pregnancy. recent review of health promotion and draw, and they are going to become Mr. GINGREY. Without question disease and management programs in shy. It is very likely they are going to probably the most common condition businesses that provided health edu- be picked on. How in the world can that we see in smoking moms is some- cation to their employees, including they grow and develop with a healthy thing called toxemia of pregnancy. exercise, health-risk screening, weight self-image? No wonder they end up Toxemia, by the very word, it is a poi- control, nutrition information, stress needing to be counseled and treated by son. We do not know exactly what that management, disease screening, and the gentleman from Pennsylvania (Mr. poison is, but something occurs in smoking cessation, found a significant MURPHY) and other mental health care those moms that develop toxemia. It is return in investment, saved about $1.50 specialists. not always because of smoking, but fre- to about $5 for every dollar spent in the Yes, unfortunately, some even go on quently it is. And also so often that program. to harm themselves and possibly even condition will lead also to pre-term For example, Motorola, their commit suicide. So I guess the most labor and delivery and one of these low wellness program saved the company important thing that I would want to birth weight infants. about $4 for every dollar invested. say as a physician Member is that we In the extreme, toxemia of pregnancy Northeast Utilities’ program in its first need to prevent this. before birth results in a very, very high 24 months reduced some of the claims blood pressure. It can cause a stroke, a by about $1.4 billion. Caterpillar Com- 1800 b deep coma, one from which sometimes pany, they had a program that saved We need to make sure that parents the mother never recovers and the about $700 million. Johnson and John- get the message that they have an obli- child is lost. So we are talking about son’s health and wellness program gation, not just to take care of them- one of the worst complications of preg- saved about a couple hundred dollars selves, but first and foremost to take nancy other than just out and out per employee per year. care of these precious children that exsanguination from bleeding, which is What is interesting here is how much they bring into the world. It is their re- also a possibility in any pregnancy. we can save and what we have to look sponsibility to make sure that they are But smoking, we see that condition at here. And I call upon my colleagues, from the very beginning, when they more often. And then, of course, child- we need to make some fundamental start eating at the table, to make sure hood asthma, which I am sure the gen- changes in how CBO scores these that they are healthy and stay healthy tleman has seen plenty of cases of that, things. We have got to stop just look- so you do not have to have them end- youngsters that come in because there ing at how much it costs up front and ing up in your office treating them for is that secondary smoke situation. Not look at how much it saves in the long not only mental illness but also the only do they have to suffer with it dur- run. Again, I look at such things as if many complications of obesity. ing the 9 months of pregnancy of their we are able to have more people go to You mentioned them. You mentioned mom; but once they are born, that federally approved health centers, com- diabetes, high blood pressure, so many smoking continues in the household. munity health centers in their commu- things. And talk about the cost to this So it is a huge complication, no ques- nity instead of showing up in the emer- health care system of ours. We always tion about that. gency departments, yes, it may cost talk about waste, fraud, and abuse in Mr. MURPHY. Also, it is related to, money; the President called for a cou- the Medicare and the Medicaid pro- my understanding is yet so many other ple billion dollars to put into those grams and wanting to eliminate that, aspects come from this that you may community health centers. But if it is and we are very diligent and will con- find in such children also eating dis- one-fifth of the cost of going there tinue to be so. But this is almost a no- orders and diabetes and cancer risks rather than the cost of going to the brainer. It is like we heard former even if that child never themselves emergency departments, that is a mas- Speaker Newt Gingrich say to a group smoked cigarettes. But the risks are sive cost savings. of us earlier today, and the gentleman huge. I believe a direct and indirect Certainly I call upon my colleague, from Pennsylvania was a part of that medical cost of smoking in this Nation too, it is one of those things you have as we had him come to speak to Mem- is about $138 billion per year. seen as well, how do we get these pre- bers of the House. We are not talking Of course, another reason why I be- vention issues begin to be scored. It is about low-hanging fruit here in regard lieve it is so important not only for the of fundamental importance to health to saving money and saving lives. We government but really for individuals care.

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8965 Mr. GINGREY. The gentleman is so $1,000 a child, giving small business on. And if we are continuing to spend right, and I appreciate the opportunity men and women an opportunity to on wasteful or fraudulent or abusive or to weigh in on this issue. more rapidly depreciate investment in simply health care issues that are not This issue of scoring, as the gen- bricks and mortar and creating new taking care of the disparity of out- tleman is talking about, it reminds me jobs, all of these things, elimination of comes between, for example, low socio- of course of the debate during the the death tax, no taxation without res- economic families, families that are Medicare Modernization and Prescrip- piration I firmly believe in, the scorers struggling to make ends meet and feel tion Drug Act that we passed in De- said that was going to cost us $1.3 tril- they do not have the money to pay for cember of 2003. Of course, that part D lion. their doctor visits, and those that may will go into effect and the moderniza- My colleague remembers that. And a be in poverty, we need to work on tion piece is already in effect for Medi- lot of people said, oh, we cannot afford those disparities of outcomes and make care, but part D, the prescription drug that. What are we doing cutting taxes? sure that we take care of those chil- part, will start January 1. But all we Well, after about a year and a half, dren early on; and that is why the issue heard and continue to hear, particu- when we looked at our revenue stream, of community health centers for our larly from the other side and for those what was the result? We had about 225 kids is so critically important. But, nay-sayers who keep wanting to talk billion more dollars, which on the scor- again, some will say we are spending negative about really a very good pro- ing side we get no credit for. too much, causing the budget to go up, gram that is going to be a Godsend for So the gentleman is so right. So and we cannot get the proper numbers. our neediest seniors, I talked about many of these things that we are talk- Now, some of the public that may be this on the floor, my colleagues I know ing about tonight in this hour, these listening is wondering why we are even heard me last night. But the talk, the innovations, these community health talking about the CBO. But that is, un- emphasis is on the cost of part D, and centers that the President has funded, fortunately, the way this Chamber op- the cost estimate is based on the num- recommended, and feels so strongly erates now and that people oftentimes ber of seniors that participate ulti- about, on the scoring side you get no look at those numbers. We have seen mately. credit for; but we do save money, as tremendous inaccuracies in those num- I do not think anybody really knows, the gentleman points out. And just bers. My colleague from Georgia spoke Mr. Speaker, what that number will be; think, also, it is the compassionate, about those inaccuracies when it came but at one point it looked like the CBO conservative thing to do for the Amer- to looking at things such as the death said, well, it is going to be $400 billion ican people. tax and them being off over $1 trillion additional Medicare cost over a 5-year Mr. MURPHY. I am reminded of the in their estimates. But also it is one of period of time. Then those numbers story of the fellow who was on his those things in health care, too. were revised, and then we were hearing hands and knees late at night under a as much maybe as $750 billion. That is streetlight in the city, probably had Think about this: if you take a medi- the scoring that the gentleman from too much to drink, and a police officer cation that costs you $50, but it may Pennsylvania is talking about, and my sees him and says: Excuse me, sir, what prevent you from having a heart at- colleagues understand what he means. are you doing? The gentleman says: I tack and further hospitalizations, sur- You get no credit for the fact that am looking for my car keys. And the gery, disability, workers comp, losing many people who sign up and, yes, police officer says to him: Well, where your job, having the family require there will be an additional Medicare did you lose them? He said: I lost them other care, that is a massive amount of cost for them on this part D program, down at the end of that dark ally down cost savings. But, instead, we may but the fact that they are able to take there. And the policeman says: Well, focus on only that aspect of the cost of those medications, they can finally af- why are you not looking for your keys that medication, instead of all the ford to take that statin to lower their at the end of that dark ally over there? other costs that are saved there. When cholesterol and that medication, that And the gentleman says: Because there we look at what we are doing with chil- insulin to lower their blood sugar or is more light over here. dren’s health, it is so critically impor- whatever antihypertensive to lower Sometimes I think the way we look tant that we look at the big picture their blood pressure, guess what, we at these medical issues, instead of here as well. get less spending on part A, the hos- looking at the cost savings involved Now, I am going to see if my col- pital part, when you end up in the with prevention, we simply are able to league has any final comments to emergency room with a stroke because look at how much it costs us up front make in this area of health care. Bar- you could not take your medicine, or because it is easier to find that data. It ring that, I just want to mention a cou- you end up on the operating table for is tougher to pay attention to preven- ple of final comments here. your coronary bypass or maybe even tion. worse an amputation or a kidney My colleague brought up some great b 1815 transplant, and then you have this points. Prenatal care, Early Head We are certainly the stewards of the huge cost to the physician under part Start, Head Start, what that contrib- people’s money, and although we are B. utes to in helping save problems. We The truth of the matter is, and what talked about community health cen- not here to take the place of the fam- the gentleman was emphasizing, is that ters and spending money. I like the ily, we are here to do sometimes what you get no credit for saving those President’s plan of a community health Abe Lincoln said. President Lincoln costs, not to mention the fact that it is center in every county in America said, ‘‘Governments should do that so much more compassionate to spend where there is poverty and an unin- which the people cannot do for them- money on prevention rather than sured, can help reduce emergency visits selves.’’ treatment, particularly when the by four-fifths, the cost of the emer- Now, in the areas of such things as treatment sometimes is not very suc- gency visits. It is an incredible amount food and consumption, people and par- cessful and a person could ultimately of savings, but not one that we can get ents ought to be watching what they be in a nursing home for years and dis- those scores for. And it is one of those eat. Well, what we also ought to be abled for the rest of their lives. things where, unfortunately, the polit- doing ourselves is working along with I will take it a step further before ical rhetoric comes through in this physicians and schoolteachers and peo- turning it back over to my colleague. Chamber, and I do not know of any- ple in the community to make sure our It is the same thing, this scoring issue, body who has ever been cured by a kids are healthy and safe and exercise in regard to the tax cuts that this Re- floor speech, but it certainly is one and eat right. publican leadership has effected over where there is just so much talk that But we also have to make sure we are these past 3 years. The scorers, the continues on, spending too much here, working at comprehensive care, real CBO, the number crunchers say, well, spending too much there. We need to patient care models, that involves nu- these tax cuts, the elimination of the pay attention to spending too much. trition and exercise and prevention and marriage tax penalty, increasing the The problem is not what we are mental health, and integrated care of child tax credit from $600 an infant to spending, but what we are spending it all of those things together. If we are

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8966 CONGRESSIONAL RECORD — HOUSE October 19, 2005 truly going to do what is right and de- ing cuts will not go to offset Katrina, based on the ups and downs of the cent and honorable for the next genera- because the Republican budget, the economy, one that is going to be with tion, it is a matter of doing what is budget resolution operative for the us for a long time to come because of right in health care. year 2006, the resolution to be brought fiscal decisions that were made in 2001, It is a matter of pooling our re- to the floor to be amended, already 2002, 2003 and 2004, is becoming so obvi- sources together and looking at the an- calls for $106 billion in additional tax ous, so widespread, so obvious, so sig- swers, to be science-based and not emo- cuts, $106 billion in new tax cuts. nificant that it simply cannot be de- tion-based on this. The science tells us And when these new tax cuts are nied. we have things we can do, but we are passed, the spending cuts proposed, os- I mean, after all the basics are appar- not yet doing. The science tells us tensibly to offset the cost of Katrina, ent and they are well known. As Yogi when it comes to managing the disease will instead go to make up for the loss Berra used to love to say, you can look it is not appropriate to just look at of revenues due to the $106 billion in it up, it is a matter of record. Back in that individual disease, but to see how tax cuts. Since the spending cuts are the year 2000, we had a surplus of $236 it operates in the context of the child $50 billion and the tax cuts are $106 bil- billion. Matter of record. The budget and their family. lion, none of the spending cuts will was in the black by $236 billion, un- This is true compassion. This is ever make it to the bottom line where precedented. That was a budget that where we will save lives. This is where they might otherwise be available to was inherited by Mr. Bush. we will save money. This is where if we offset the cost of Katrina. Today, just a few weeks ago as a do things like looking at electronic So the first problem that we as matter of fact, the administration medical records, and make sure that Democrats have with what our Repub- closed the books on fiscal year 2005, every hospital around the Nation has lican colleagues are pushing is that it and when they closed the books they fi- this, and providers and pharmacists is not what it purports to be. It is not nally declared the balance at $320 bil- have these, you can find out these a plan to pay for Katrina. It is a plan lion. And they took some credit be- things and work on them together. to facilitate $106 billion in additional cause that deficit is actually smaller That is what takes place in States tax cuts. than the deficit in 2004, which was $412 like Nebraska and other hospitals The second problem that we as billion. But a $320 billion deficit is around the Nation. We have here an op- Democrats have with their plan is that nothing to crow about. portunity to make a huge difference, to we believe the cost of helping one State Look at what has happened over the save lives by the hundreds of thou- sustain the catastrophic loss and cost last four fiscal years. The simplest way to show it to you on the back of an en- sands, and to save money by the hun- of a natural disaster, a disaster like velope is to look at how many times dreds of billions of dollars. We have Katrina, Hurricane Rita, should be our Republican colleagues have had to that opportunity before us. borne by all of us, by all of the States, vote to increase the debt ceiling of the The question is, will we have the should be a matter of shared sacrifice, United States, and what those total in- courage to work together in a bipar- has been in the past should be in fu- creases come to since 2002. tisan manner to do it? My hope is that ture, it works and it is right. But we do not believe that those This chart shows it to you very, very our colleagues drop the gloves on this, clearly. It shows that in June of 2002, least able to bear the costs should be put down the swords, stop looking for despite the administration’s assurance saddled with the lion’s share of the opportunities to send out sound bytes that we would not have to increase the load. And yet that is exactly what and to have people make phone calls debt ceiling, the legal limit to which their plan will do, because they are and use it as political fodder, but in- the United States can borrow for an- pushing a plan that will pay for the stead to be able to look our constitu- other 8 years, they were back a year cost of Katrina by coming down hard ents in the eye and say when we were later saying we need an increase this and heavy on the backs of students all here, when we were all granted the year of $450 billion. authority to do something about Amer- borrowing to pay for their college edu- Then in May of 2003 they came back ica, we took an opportunity to save cation, on the sick whose only access and asked for an incredible amount, lives and save money, and we ought to to care is through Medicaid, and on the $984 billion. You would think that big start with our children. very poor who depend upon food stamps an increase would take you at least I thank my colleagues. to feed their families. several years. This request was ap- f This is just some of those on whom proved on May 26, 2003. By the summer the cuts they are proposing will fall, of 2004 the Bush administration was DEMOCRATIC ALTERNATIVE TO and the reason we are proposing alter- CUTTING THE BUDGET back, Secretary Snow came back hat in natives and opposing the plan that hand saying we have just about run The SPEAKER pro tempore. Under they are bringing to the House floor. through the $984 billion increase you the Speaker’s announced policy of Jan- What we have coming before the House allowed us last year, we need another uary 4, 2005, the gentleman from South is a plan for spending cuts that basi- $800 billion increase, and before we Carolina (Mr. SPRATT) is recognized for cally and simply does not achieve its could leave for the winter break, last 60 minutes as the designee of the mi- stated purpose, because it does not go November, that had to be passed. nority leader. to cover the cost of Hurricane Katrina, Finally this year, we had a budget Mr. SPRATT. Madam Speaker, as we and the spending cuts it does select, resolution on the House floor, passed gather here tonight to talk over the whether they are used to offset tax the Senate, has now been passed as a problems of the budget, our colleagues cuts or offset the costs of Katrina, as I concurrent budget resolution. It calls on this side of the aisle, the Repub- have said, come down on some of these for an increase of $781 billion in the licans, are locked in a dispute over how who are the least able to sustain and year 2006. to pay for Hurricane Katrina, the cost bear them. If you add all of these debt ceiling in- of which could fall between $100 and It is fair to ask, I think, as we begin creases together, you will see that to $200 billion, maybe even more, for the to consider such a program, why is it accommodate, to make room for the Federal Government alone. we are insisting upon offsets for re- budgets of the Bush administration Some, for the most part their most building Biloxi or Bay St. Louis or New over the last four fiscal years, we have conservative Members, have proposed Orleans, but not insisting on offsets to had to raise the debt ceiling of the big cuts in programs that range from pay for rebuilding Baghdad or Mosul or United States by $3 trillion, 15 billion. student loans, to Medicaid, to food Basra. So why do we have this newfound in- stamps, about $50 billion in spending Well, one of the reasons I believe that terest in offsets? It is because the cuts spread over 5 years. we are experiencing this newfound in- budget is becoming undeniably They present these spending cuts as a terest in offsets that might diminish unsustainable. way to offset, partially at least, offset the deficit is that the evidence of a I yield to the gentleman from Wis- the spending increases that the re- swelling deficit that is not going away, consin. sponse to Katrina and Rita are going to it is a structural deficit, built into the Mr. KIND. Madam Speaker, I thank require. But in actuality these spend- budget, not a cyclical deficit deficit the gentleman for yielding to me, and

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8967 also thank him for the leadership that And we asked them to assume that jobs, who have lost their homes, who he has provided on the Budget Com- the President’s proposal for Social Se- have lost everything they have, and we mittee and highlighting this very im- curity privatization is enacted. Factor are saying that in this budget that we portant issue. all of these into the budget. Extend the are going to offset against those folks? I know people back home hear a lot budget out 10 years. And CBO, we said, The gentleman has pointed out so of these numbers and figures about tell us what the results are. And here many times we in this country help debt ceiling and the growth of the Fed- are the results on this chart, and they one another. It is not about taking eral budget deficit every year. But are very stark. from one group to fix another group. what is different this time I think is The budget deficit for last year, 2005, And as we look at these numbers, we the most disconcerting aspect of what was $319 billion. Under the assumptions literally are taking from our children you are talking about this evening, and I have just outlined, that deficit will go and our grandchildren so folks today that is this new debt that is being cre- to $640 billion. It will double over the can live the high life. That is wrong. ated is not owned by ourselves any next 10 years. The debt of the United In the budget cuts we are going to be more. We are dependent on foreign en- States held by the public and held by seeing coming down the road, the re- tities; namely, China and Japan, as the foreigners will increase from $4.6 tril- sult of some of the policies that have number one and number two pur- lion to $9.2 trillion. It too will double. been put in place over the last several chasers of this government debt that And debt service, the interest we pay years, we are going to see children de- we are racking up. on the national debt, net interest that nied an opportunity for education, a These are IOUs that are going to we pay on the national debt held by the higher education. We are going to see those countries rather than to our own public will increase almost threefold, heating bills for folks going up this citizens or to our own investors in this going from $182 billion to $458 billion. year because of energy prices going country, and we are becoming more That is why we say there is a debt through the roof, and they will not and more beholden to those interests, tax implicit in this budget. There may have money to pay those bills because especially China, in order to help us fi- be tax cuts today, but tomorrow if we will not have the resources to help. nance these deficits. there is one thing obligatory in the These are the consequences of bad pol- From my perspective, I think it is in- budget, it is interest on the national icy decisions that have been made in credibly dangerous and not in our best debt. this body. long-term economic or security inter- Mr. SPRATT. They are becoming so b 1830 ests to be so dependent on China to be abundantly evidenced that they cannot financing the deficits of this mag- It has to be paid or the credit of the be overlooked or denied any longer. nitude, which have been taking place United States will collapse. And look That is the point I am trying to make. in recent years. at what we are leaving our children, Mr. ETHERIDGE. Absolutely. The Mr. SPRATT. Madam Speaker, the the burden we are leaving them to bear gentleman is right on target. gentleman is absolutely right. First of and the increase in debt service which I saw that this weekend firsthand and all, foreigners are picking up the lion’s buys nothing for the government, I am sure others have as they have share of our debt for now. It cannot go breeds cynicism of our government be- been there. This is important that we on forever. We know that. No borrower cause when the citizens are paying $458 share this with our colleagues and can go back to his creditors contin- billion in interest on the national debt folks tonight so they will understand ually and endlessly and ask to borrow and seeing nothing in return for it ex- that budgets are things that you do not more and more. cept for the fact that the bond holders pay much attention to sometimes But it has had an effect. It has kept of America are getting interest pay- until, as we say back on the farm, the interest rates low, because foreigners ments, they get cynical for what gov- chickens come home to roost, and they are borrowing our debt. When they quit ernment can do for them for charging are not coming home to roost. buying it in large shares, we are going such high taxes and doing so little in Mr. SCOTT of Virginia. Madam to see a rise in interest rates, it is return. Speaker, I would like to thank the gen- going to have a significant effect on The debt of the United States will in- tleman from South Carolina for his our economy. crease from 37 percent to 46 percent of comments. I want to get back to the Let me just show you the path we are the GDP. That is the path we are on chart where he has debt service in 10 on right now, to illustrate why the now, and that is the path everyone years of $458 billion. When you use big word not on a ‘‘sustainable’’ path has knows is not sustainable. numbers like that, sometimes I like to become commonplace in Washington Mr. ETHERIDGE. Madam Speaker, I put them into perspective. At $45,000 today. Our trade deficit, our budget think what the gentleman has pointed each with that money which is just deficit are simply not sustainable out, if our colleague were taking in going down the drain, you could hire paths. context of where we were on 9/11 when over 10 million Americans for $458 bil- This September, just a month or so New York was hit, we had a surplus, lion, at $45,000 each, 10 million. There ago, CBO, by law, presented a budget and when that hit we had the resources are less than 9 million unemployed update, economic update which they of this government, as bad as it was, to today, drawing unemployment. So that are required to present. We asked them help put this thing back together. is just money right down the drain. to take this projection of the economy Mr. SPRATT. We had some resil- You can hire everybody that is on un- and the budget over the next 10 years ience. employment, have money left over, and and adjust it for assumptions that Mr. ETHERIDGE. We had some resil- a $45,000 a year job for the money that would capture the essence of the Bush ience. We had balance. We did not have we are going to waste on debt service budget. to say we are going to look for offsets because we have let this deficit get out For example, we said assume that the to help the people of New York get of control. tax cuts passed in 2001, 2002 and 2003 back on their feet. They are still recov- In the deficit for 2015, the gentleman will be extended when they expire in ering, but we did the right thing. has listed $640 billion. We need to put 2009, 2009 and 2010. We asked them to I was down in Louisiana last weekend that number in perspective. The entire assume that we fix somehow the alter- with members of the Committee on Ag- revenue from the individual income native minimum tax so it only affects riculture. That is what makes this tax, what everybody pays in individual the same number of taxpayers as it af- such an important night in what we are income tax, is approximately $800 bil- fects presently. doing. lion. They have overspent, gone in the We asked them to assume that there We went to the food bank, the food hole $640 billion. You just wonder how will be a drawdown beginning next bank in New Orleans, and really for bad it would have to get before they re- year, this year, in the troop levels in Louisiana and the larger area the food alized that this just is unsustainable. Afghanistan and Iraq to the point they handed out last month was half Mr. SPRATT. Let me make two where there are about 20,000 in each what they had given out in one month points before I yield again. theater, and there will be a steady the whole year last year. And we are First of all, we all believe that dis- state like that. looking at folks who have lost their aster relief should be a program of

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8968 CONGRESSIONAL RECORD — HOUSE October 19, 2005 shared sacrifice. We should all want to line with Katrina. And after a couple the Eisenhower Science and Math Pro- pitch in and help the people of New Or- years, you do not notice the distance. gram. leans and Bay St. Louis and the gulf Ms. MCKINNEY. I will not take much We just had a blue ribbon commis- coast. No question about it. But when time but I want to change the thrust sion say we need to be investing more you spread that burden across our just a little bit because I want to talk in science and math education if we are whole country, and that is the way we for a half minute about our education going to make it to the future and sus- should do it, it should be spread equi- President. tain our style of living. tably and evenly and fairly. Now, it is my understanding, and I So we see a faint hearted commit- The second problem we have with hope the gentleman will correct me ment in name, in slogan, No Child Left what is being proposed and pushed where I am wrong and you will amplify Behind, but the dollars do not follow right now, is that the costs would not what needs to be amplified where we the children to the extent that we all come down evenly and equitably, but are right, but our education President expected when we voted for the bill in they would come down heavily on, in has underfunded No Child Left Behind the first place, no question about it. many cases, those least able to bear by $39 billion. Now, he has also cut Mr. KIND. Madam Speaker, I thank the burden. We do not think that is the technical education, cut student loans, the gentlewoman for Georgia for rais- way it should be done. We are not say- cut the grants available to students ing this issue. I am a member of the ing it should not be paid for in some re- who want to go to college. And so basi- Committee on Education and the spect or stretched out over time. We cally they, the people who are making Workforce along with the Committee are simply saying, when and if it is public policy in the Congress these on the Budget, and we are looking at paid for it ought to be equitably dis- days, are a bit out of touch with the under the majority party’s budget rec- tributed. way the rest of us live. We, our chil- onciliation proposal of having to come Let me make one other final point by dren, and those of us who are still stu- up with close to $15 billion worth of saying that if you look at our charts dents, rely on the funding that is avail- cuts out of the education and work- here you will see that in the year 2015, able in the budget so that we can have force authorization budget at a time way down here in the corner of this the workforce for tomorrow being pre- when, as the gentleman from South particular chart, the deficit will be $640 pared today, and that is not the case. Carolina (Mr. SPRATT) has just indi- billion. That does not assume anything But the one thing I just want to say cated, we need to be ramping up our in- for Hurricane Katrina because it had is, it is my understanding that all of vestment in the workforce develop- not happened when these numbers were these cuts in education can be likened ment of this century with our students run. to a student tax, and so I would like for and with the youth so that they have If you factor Hurricane Katrina in at the gentleman to amplify on that but I the skills and the tools that they need today’s level expenditure in that year would just like to say that we had a to compete successfully in what is a the deficit will be about $645 billion. So minor, modest victory in the State of rapidly shrinking world and an incred- the problem in the outyears here is not Georgia just yesterday because the ibly competitive global marketplace. Hurricane Katrina. It is budget and fis- courts in the State of Georgia turn The reports are coming out almost cal decisions that were made in 2001, back a legislative initiative put for- daily in regards to how we are under- 2002, 2003, 2004 and are still being made ward by the Republican controlled leg- funding or not supporting programs to today through 2010 with the insistence islature and our Republican Governor. encourage more math and science and that all the tax cuts passed then have That was the much maligned the Voter engineering students in this country. to be renewed. That is what is yielding ID bill. Earlier this year I spent 2 weeks in you these outyear deficits. This budget This Voter ID bill would have put a China doing a higher education tour that gets worse and worse by the year. two-tiered structure in place for people there. They are investing heavily in Mr. KIND. Madam Speaker, what is being able to vote. That was a poll tax their education infrastructure. They equally troubling and if not more so is and the poll tax was turned back. Now are graduating more English speaking that the gentleman is talking about we have got a student tax, a learning engineers from their own Chinese the prime retirement years of the baby schools than we are here in the United boom generation. We all know we have tax. Could the gentleman please talk to States. And if this trend continues, if an aging population in this country us about the impact of these cuts on we continue to sleepwalk through all and that is when that demographic the ability of us to prepare our young this, there will be serious consequences time bomb is about to go off. Unless or people for tomorrow’s jobs but also that we will be paying in short order as until this Congress, working with the how this becomes a learning tax on we move forward, and this is where fis- administration, can turn this fiscal scenario around, it will be virtually young people? cal mismanagement and the Mr. SPRATT. Madam Speaker, I impossible for our children and grand- misplacement of priorities come back think the gentlewoman will agree that children to meet the burdens that are to haunt the future prosperity but also the essence of America’s opportunity piling up on them today because of the the security of our country. and the essence of opportunity is a We know what works. It worked in demographics in this country. That is why it is important that we have this good education, and what we are seeing the 1990s with basic budget rules such discussion tonight so hopefully we can in this budget is diminishing money as pay as you go, and the Democratic bring some fiscal sanity back into the every year for education. For example, Party has been united in reinstituting economic decision of this body before the signature program of the Bush ad- those budget disciplinary rules. It did it is too late. ministration was No Child Left Behind work in the nineties. That gave us 4 Mr. SCOTT of Virginia. I would ask and many voted for it on the assump- years of balanced budgets and sur- the gentleman from South Carolina tion that there would be, yes, more ac- pluses and an opportunity to download (Mr. SPRATT) to explain this. countability, higher standards but our debt, so we were not dependent on Mr. SPRATT. That is essentially on there would also be more money. countries like China to be financing a linear graph, what we have here in a And now, 2006, the difference between the deficit. So we were in a better posi- simple table. It shows a blip for what was authorized and expected to be tion to be dealing with a 9/11 catas- Katrina but basically it adds very little committed to this program and what is trophe or a Katrina catastrophe or to the outyear deficit. actually being made available in this making the important investments for Mr. SCOTT of Virginia. So the out- budget is about 8, $9 billion. The num- the future of our country. year deficit is essentially the same ber the gentlewoman gave was a cumu- Because of the economic policies pur- whether you pay for Katrina or not. lative number since the adoption of the sued by the majority in recent years, That it is really a blip on the screen. bill. In addition, in order to make what those options have been taken away, So whatever our fiscal problems are, is provided for the additional Title I and they will continue to diminish our Katrina is absolutely irrelevant be- funding available, the Bush adminis- opportunities in the future unless we cause that is only a blip on the screen. tration has proposed to cut or kill bring back some sense of responsibility This is the size of the deficit, the about 48 educational programs. A lot of to this Chamber again, and that is why solid line without Katrina, the dotted them are small programs, but they are I think special orders like this this

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8969 evening are very important times to propriations. In fact, we spend $188 mil- potentially catastrophic hurricane discuss the various choices that we lion every day in Iraq and $33 million turns toward the U.S. mainland, and face today. every day in Afghanistan. once again we are not prepared. This In a time of war, in the aftermath of time I am not talking about FEMA or b 1845 our Nation’s most costly natural dis- the Department of Homeland Security; Mr. SPRATT. Madam Speaker, I aster in our history, the Republican I am talking about being unprepared thank the gentleman for his insight, majority in Congress and this adminis- fiscally. and I now yield to the gentleman from tration are still proposing another $106 Our former National Economic Ad- Arkansas (Mr. ROSS). billion in new tax cuts. That is wrong. viser, Gene Sperling, put it best when Mr. ROSS. Madam Speaker, I want to It is morally wrong. There is a lot of he said that when the congressional thank the gentleman from South Caro- talk these days about values. I can tell leadership all of a sudden starts asking lina for taking this Special Order this you that those are not the kinds of val- how are we going to pay for Katrina, evening; and as whip of the fiscally ues that I was raised on and still be- they are asking a very narrow ques- conservative Blue Dog Coalition, I rise lieve in. tion. The question should be, How did this evening to share in the dialogue This Republican-controlled Congress this country get into such a fiscal mess and to talk about the financial condi- claims these additional budget cuts are in the first place? I tell you, the answer tion of our Nation’s government. The to pay for Katrina. Over $62.3 billion was not Katrina, and the answer was Blue Dog Coalition aims to restore has been allocated for hurricane relief not Rita, and the answer is not going common sense and fiscal discipline to efforts. However, budget reconciliation to be Wilma. the way we operate our government. is not applicable to emergency supple- These natural disasters do cost a great deal, and we are going to do what Madam Speaker, our Nation today is mental funding. We recently passed $82 it takes to respond to the affected $7.990 trillion, nearly $8 trillion, in billion in emergency supplemental ap- areas. But they are not the cause of our debt. Put that another way, our Nation propriations for Iraq. Where was the problems. What these hurricanes have today is spending $160 billion a year talk of reconciling the budget then? It done is lay bare this country’s trou- simply paying interest on the national is clear these budget cuts are not bling racial and economic divides and debt. That is about $500 million a day. aimed at offsetting the cost of the dev- the sorry state of our disaster pre- In fact, it is $13 billion per month, it is astating hurricanes, but rather at par- paredness. But they have also laid bare $444 million per day, it is $18 million an tially offsetting $106 billion in new tax the dangerous deterioration of our fis- hour, it is $308,000 a minute. Or put an- cuts. other way, our Nation is spending cal health. The Republican-controlled Congress Now, in the wake of Katrina, our col- $5,100 every second simply paying in- is proposing to slash programs such as terest on the national debt. In fact, if leagues on the other side of the aisle Medicaid, food stamps, student loans seem to have gotten religion on fiscal every person in America wrote a check and other programs that would directly to pay off the national debt, the responsibility. Mind you, this is after and adversely impact the poor, the dis- they engineered an unprecedented fis- amount each person would owe, includ- abled, and the elderly. And those cuts, cal reversal of some $9 trillion from ing the children born today, would be Madam Speaker, are wrong. It is about budget surpluses and paying down debt $26,000. priorities. And this Republican Con- in the Clinton administration to record It is hard to believe now that we had gress believes it is more important to deficits and deepening debt under a balanced budget from 1998 to 2001, be- fund tax cuts for those earning over George W. Bush. But our Republican cause now this administration, this Re- $400,000 a year than to fund programs friends are suddenly wringing their publican Congress, has given us the that benefit the poor, the disabled, and hands over the deficit. They are using largest budget deficit ever in our Na- the elderly. Katrina as a pretext for doing what tion’s history for a fifth year in a row. I would like to wrap up my remarks they wanted to do all along, and that is In 2001, the deficit was $128 billion; in by sharing with you a paragraph from to cut the very safety net programs on 2002, it was $157 billion; in 2003, $377 bil- a letter that I received just today from which the victims of Katrina depend. lion; 2004, $412 billion; and in 2005, it the National Council of Churches of All you have to do is take one look at went to $427 billion. Christ in the USA. It is signed by a this proposed reconciliation package That does not include the money number of organizations. Some of them and you will see how much they care that is borrowed from Social Security. you will recognize, like the National about the budget deficit. And I appre- No wonder this Republican Congress Baptist Convention USA, the National ciate the gentleman from South Caro- would not give me a hearing or a vote Missionary Baptist Convention of lina pointing this out earlier this on my bill that basically said that poli- America, the Presbyterian Church, and evening. This reconciliation bill would ticians in Washington should keep the United Methodist Church. If I may not reduce the deficit; it would in- their hands off the Social Security read from that letter as my closing: crease the deficit by more than $100 bil- Trust Fund. In fact, if it were not for ‘‘The role of government is to protect lion over 5 years. the money being borrowed from the So- its people and work for the common This reconciliation process, we all cial Security Trust Fund, the deficit good. This is not the time for the budg- know, was intended to facilitate the would have been $567 billion last year. et reconciliation process to create passage of deficit reduction measures. Many American citizens, I know the greater hardships for those who are al- But the Republican leadership has now citizens in Arkansas’ Fourth Congres- ready experiencing greater suffering. turned the process on its head and is sional District, are asking me where all To do so is not only unjust; it is a sin. using it to push through measures that this money is coming from that we are It violates all the fundamental Chris- will drive us further into debt. The borrowing. We have borrowed $700 bil- tian principles of loving thy neighbor, spending cuts called for in this bill will lion from Japan, $250 billion from caring for the poor, and showing do absolutely nothing to offset hurri- China, and $76.2 billion from the Carib- mercy. As religious leaders, this viola- cane recovery. Let us be very clear bean Banking Center. I had never heard tion is unacceptable to us.’’ about that. of such. In fact, 45 percent of our def- And to the gentleman from South From the beginning, the $35 billion in icit is being funded by foreign inves- Carolina, I would say that this viola- cuts contained in the reconciliation tors. tion is unacceptable to me as well. package were intended to partially off- In the aftermath of hurricanes Mr. SPRATT. Madam Speaker, I set not the hurricane but $107 billion in Katrina and Rita, we are faced with the thank the gentleman for his comments, tax cuts included in this budget resolu- very important question of how are we and I yield now to the gentleman from tion. And now, if you add $15 billion, going to pay for the rebuilding efforts. North Carolina (Mr. PRICE). that is not going to make up the dif- I find it interesting that these ques- Mr. PRICE of North Carolina. Madam ference. What those cuts will do is tions are not asked when we talk about speaker, I want to thank the gen- threaten vital services that the victims paying for the war in Iraq. Just a few tleman from South Carolina for taking of Katrina are counting on to help re- short months ago, $82 billion was out this Special Order. We are having build their lives: foods stamps, Medi- passed in emergency supplemental ap- this discussion tonight as yet another care and Medicaid, student loans, and

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8970 CONGRESSIONAL RECORD — HOUSE October 19, 2005 low-income energy assistance. These get zero from this tax cut. If you make budget meltdown untouched. That is could all be cut, just to name a few. $75,000 to $100,000, you might get a dol- simply unacceptable. What about wealthy Americans? lar. If you make $100,000 to $200,000, you Mr. SPRATT. Mr. Speaker, I yield to They are going to get off without sacri- might get $25. You can hardly see the the gentleman from North Dakota (Mr. ficing a dime of the Bush tax cuts. bar. Take my word for it, there is a lit- POMEROY). Quite the contrary. The reconciliation tle bar there to show the $25 you might Mr. POMEROY. Mr. Speaker, I am bill is going to be used to fast-track get. At $200,000 to $500,000, you get $558, pleased to join the gentleman’s special new and extended tax cuts for those on average; and at $.5 million to $1 mil- order and participate in the discussion who need them least. Maybe that is the lion, you get over $4,000. But if you with my colleagues. Republican idea of shared sacrifice. make over $1 million, this tax cut that We are watching something ex- The very notion that we should offset has not even started yet but will start tremely unserious unfold with respect the $200 billion it could cost to help next year, you will get about a $19,000 to the Nation’s balance sheet. We have millions of Americans and their fami- benefit from that. to understand, as we deal with the lies and communities get back on their To implement this tax cut, the 5-year budget of this country, we are dealing feet after a tragic disaster and not off- cost is $200 billion. We wonder how to not just with the matters that are pres- set the nearly $2 trillion cost for the pay for Katrina? How about not letting ently before us and will affect the up- Bush tax cuts, or the $250 billion we are this tax cut go into effect. That would coming year, we are literally talking spending in Iraq and Afghanistan, well, cover the entire potential cost of a about the future of this country. To that reeks of hypocrisy. And it actu- Katrina right there. But instead we are the extent we do not pay our way, our ally worsens the fiscal meltdown of the going to ask Medicare and Medicaid, kids pick up the difference. Many of us were terribly concerned last 4 years. possibly veterans health care, certainly when we saw the pre-Hurricane Katrina Why should we offset the cost of re- student loans and school lunches, food budget forced through the House, building Biloxi, but not the cost of re- stamps, and those who are most in forced through the Senate, yet to be building Baghdad? And even worse, need, those programs that the Katrina why should we make the very people reconciled and passed finally, but it victims would actually be using, those proposed to drive the deficit deeper and we are claiming to help bear the lion’s are the programs that will be cut and share of the cost? I am afraid you are in fact that was from a position where not a tax cut for millionaires. the deficit position was the third worst not going to find very many honest an- I think our priorities are wrong, and in our Nation’s history. swers from the leadership of this I appreciate the gentleman giving us Now the difference in the deficit, and Chamber. You are going to find some the opportunity to bring this kind of we talk deficit around here, deficit is deception and deficits as far as the eye chart to show what kind of tax cuts our annual shortfall. The national debt can see. I think it is disgraceful. have not even gone into effect yet, but is what it all amounts to. When we run Anybody who votes for that rec- will go into effect beginning next year. deficits, we add to the debt. And while onciliation should be ashamed of them- And when we say it is a tax cut skewed we are third worst in the Nation’s his- selves for what they are doing to the to the wealthy, this chart shows ex- tory in terms of annual deficit, we are most vulnerable among us and what actly how that takes place. absolutely on unchartered ground with they are doing also to this entire coun- Mr. PRICE of North Carolina. Madam the kind of debt we now have, debt ap- try’s future. Speaker, if my colleague will yield for proaching $8 trillion. This is a powerful message, Madam just a moment. This would be I believe very alarming Speaker; and I appreciate the gen- Mr. SPRATT. Madam speaker, I yield by any measure, but a further look tleman from South Carolina’s leader- to the gentleman from North Carolina. shows who owns the debt. The debt ship in blowing the whistle on these Mr. PRICE of North Carolina. You held by the public is increasingly budget follies and also showing that know, our friends over at the Center owned by central banks of Asian na- the kinds of things we have been say- for Budget and Policy Priorities have tions. I have heard some Members, ing all along are laid bare by Hurricane asked the rather obvious question, some friends of mine from the other Katrina. And the best response we can where did that $9 trillion go? Remem- side of the aisle say look, I know that make is to not whack at the meager ber that fiscal reversal? And the an- is a scary deficit number, but we have budgets that these victims already de- swer to that is that the biggest chunk had, relative to the size of our economy pend on, but to get serious about get- of it did go to those Bush tax cuts. A which is now bigger, we have been ting our fiscal house in order long good portion of it has gone to increased worse than this before. I do not think term. So I thank the gentleman for his defense and security spending after 9/ we ought to have the very worst in our Special Order. 11. Some of it comes from the bad econ- country’s history as the benchmark Mr. SPRATT. Madam speaker, I omy and the fact that we have had a against which we compare, but how thank the gentleman for his comments, very sluggish recovery. about the very best in our Nation’s his- and I now yield to the gentleman from b 1900 tory. They try to excuse the scary Virginia (Mr. SCOTT). state we are in by saying it has been Mr. SCOTT of Virginia. Madam But you know what is not on the list worse in terms of real dollar terms Speaker, I thank the gentleman for is the sort of cuts that are being pro- compared to GDP. yielding to me, and the gentleman posed by our Republican friends in this It has never been this bad. We have from North Carolina (Mr. PRICE) men- reconciliation bill, and that is domes- never had so much debt owned by for- tioned the question of whether the tic discretionary spending or for that eigners. I am not just talking about wealthy would be sacrificing in this matter domestic nondiscretionary Ole and Sven and whomever else across budget. I just want to point out as we spending. the world, I am talking about central consider how to pay for the $200 billion The country is not going broke be- banks controlled by central govern- potential cost of Katrina that there are cause we are spending too much on ments, especially Asia, Japan, and even two particular tax cuts that have not food stamps, and the country is not more by China. gone into effect yet, but will go into ef- going broke because we are doing too This morning I visited with a former fect January 1. They are nicknamed much cancer research or having too member of the Office of Management PEP and Pease, the Personal Exemp- many after school programs, and yet and Budget and asked her whether or tion Phaseout and the standard deduc- that is where the Republicans choose not we were losing control potentially tion phaseout. And as the gentleman to get religion on fiscal responsibility, in the future of our monetary policy as has inferred, they only help the in the very areas where the blame does a country, giving up essentially sov- wealthy. not lie. So this Hurricane Katrina exer- ereignty of our ability to set interest Now, we have to show a chart, be- cise is just more of the same. They are rates in light of the level of debt owned cause no one will believe it unless you saying that the offsets for Hurricane by foreign governments. She indicated show a chart. This shows how that cost Katrina are going to come from these we are heading down that path. of PEP and Pease will be distributed. If areas that people desperately need, So anything that we talk about in you make under $75,000 a year, you will while leaving the main culprits in our this Chamber that adds to the deficit,

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8971 increases the holdings of foreign gov- and the Senate: They blew away the ling the deficits. We need to get back ernments of our national debt and di- PAYGO requirements and have added on a path that brings us to fiscal san- minishes the sovereignty we have over to the deficit like there is no tomor- ity. our own country, this is an extremely row, giving us such deep debt problems Mr. SPRATT. Mr. Speaker, I thank alarming situation and that is why I with the Chinese. the gentleman for his statement, and I was so adamant against the budget rec- Mr. SCOTT of Virginia. Mr. Speaker, yield to the gentlewoman from Texas onciliation proposal being advanced in if the gentleman would continue to (Ms. JACKSON-LEE). Congress. yield, if you have a tax cut without Ms. JACKSON-LEE of Texas. Mr. Recently we have had a new chapter PAYGO, you do not have to pay for it; Speaker, I cannot thank the gentleman in the debate. Majority Members have and what happens when you cut taxes from South Carolina (Mr. SPRATT) said my gosh, that Hurricane Katrina and increase spending without paying enough for what I think is vital to the was expensive, we have to offset every for it? discussion on the proposed debate on dollar of relief we are spending on that Mr. POMEROY. What happens is you the budget reconciliation. The reason I hurricane. Look, I welcome very much get yourself into the deepest deficits say that is because, and both of us have some concerns about spending and defi- you have ever had in the history of the had experiences with hurricanes, but I cits and the notion that we might off- country, which is precisely the prob- have now been in a region for the last set some of this stuff, but if we are lem. What the gentleman means is you 2 months, or more, with the impact of going to offset, let us look at the total do not have to pay for it in this year’s Hurricane Katrina and now certainly picture. There is nothing about a Na- budget because your children are going Hurricane Rita. You know that Texas tion’s balance sheet that treats hurri- to pay for it down the road as they re- was not in the eye of the storm of Hur- cane debt different from other debt. So tire the national debt. ricane Katrina but experienced an infu- if we are going to offset for Hurricane I would just cite a couple of other sion of almost a quarter of a million Katrina, let us offset for the war in spending areas that might be cut, and persons who were evacuated from that Iraq, let us offset for tax cuts which de- it relates right back to the administra- region. Now with the evacuation of prive the government of revenue and tion’s handling of the hurricane. Just those from Hurricane Rita, specifically throws us further out of balance. That listen to this. You want to cut food in west Louisiana and of course east is not what they are talking about. stamps, Medicaid, programs that are Texas, we have added to our family. going to be so vitally important to get- In other words, this is window dress- As I looked at the distribution of ting displaced people from the hurri- ing on a scheme that ultimately drives funds and the local needs, I was struck cane back on their feet again, but be- us further into debt. Look at this by the fact that these dollars that are fore we go there let us take a look at chart. This chart shows the small bar going to be needed for recovery are not some of the ways the Republican ad- which is the amount of spending they going to materialize. I think it is im- ministration has spent money for hur- want to cut while the tall bar shows portant for us to realize that the budg- ricane disaster relief: $1,275 per person the depth to which the tax cuts they et that is being presented or proposed for a cruise ship that costs only $599 for are including in this package would by the majority will not save money. It an actual cruise. What kind of deal is drive us further into deficit, further will not address some of the very stark that? Or $15,000 paid for a load of ice into the hands of more Chinese bonds realities of those who are experiencing that was worth $5,000; $88,000 for mobile residing in the Chinese government. the devastation of hurricanes. We need to do something about this, classrooms that normally cause $42,000; and it does not start with basically $59 per hotel room per night for months The idea that dollars dealing with this window dressing on cutting many on end. health care and the fragileness of Medi- of the programs so vital to those dis- And that is not all. The Federal Gov- care and Medicaid, which will be made placed by the hurricane as an excuse to ernment paid full retail for trucks, even more fragile with this budget, the offset hurricane relief. We need to get laptop computers, clothing and sleep- argument of transferring Medicaid dol- serious about getting back to a bal- ing bags. Firms have been awarded con- lars from Louisiana to Texas was a sep- anced budget. There are a couple of tracts for millions without competi- arate argument, but it was under the ideas that I would advance in the con- tion. Contracts have gone to construc- premise that we would have the money cluding part of my remarks. tion companies that do not even have to take care of those on Medicaid. First, we need to reinstate a require- building licenses. The idea that we would be cutting ment given the deficits that we are in If we look at how this administration education dollars in contrast to cut- that we pay as we go from here. If we has administered the relief of the hur- ting tax cuts, the idea that we would are going to take a step that adds fur- ricane to date, we are going to find all not have enough housing, which we do ther to the deficit, we have to find a kinds of places to cut spending before not have in the State of Texas, housing way to offset that payment. If we spend starting after programs which are so to supplement the hotel rooms, all of more, we have to find a way to offset so vitally needed like food stamps, help- that requires a Federal infusion of an we do not drive that deficit deeper. If ing displaced families get the groceries investment of dollars. That is not we pass some tax cuts, we lose some they need to feed their children. wasteful spending. Those are not the revenue, we have to cut spending so we The thought that the other side of kinds of cuts we should be having when hold that deficit in balance. the aisle would cut these programs we are talking about the most vulner- Mr. SCOTT of Virginia. Mr. Speaker, while trying to ram through a budget able, individuals who do not have flood if the gentleman would yield, have we reconciliation package that drives up insurance, individuals who are trying ever had PAYGO? the national debt because it funds to go back into Louisiana and rebuild. Mr. POMEROY. Mr. Speaker, we have those tax cuts to the most affluent, We know that the private sector will had these pay-as-we-go requirements, even while you leave this shameful, be a component, but the Federal Gov- known as PAYGO, throughout the en- wasteful spending totally untouched, ernment, because of the major devasta- tire 1990s, and I will tell Members what this is a package of shame. tion, will have to help rebuild the brought it about. What brought it I have just learned in the course of States of Louisiana, Mississippi and about was divided government. Presi- our hour that the budget reconciliation elsewhere. But, this is what we have in- dent Bush won, and the Democratic amendment will not be brought to the tended to do with our dollars, and I controlled Congress arrived at pay-as- floor tomorrow. Apparently the dis- thank the gentleman from Virginia you-go requirements to bring the budg- array on the majority side found them (Mr. SCOTT) on the Committee on the et into balance. President Clinton, short of votes to bring it up tonight. If Budget because he has talked about dealing with a Republican controlled something fundamentally does not add this over and over again. That is that Congress, had pay-as-you-go require- up, I would hope, and it is high time, we will have two tax cuts that our good ments to get us to a balanced budget. there is a debate within the majority friends, in this instance my good Something very, very problematic conference about it. We need to get se- friend, Mr. Pease, has offered that will has happened under united Republican rious about controlling the spending. take effect next year, and over a 5-year control of the White House, the House We need to get serious about control- period will cost us $2 billion.

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8972 CONGRESSIONAL RECORD — HOUSE October 19, 2005 We have discussed this many times, But in the United States there have ernment would do everything it could and some people believe this is a frivo- been $2.5 billion in cuts in Amtrak, and to help those displaced in the gulf and lous discussion. Why are the Demo- the high-speed rail funding program to finally address the issue of poverty. crats talking about not wanting tax has been eliminated. Community devel- Six weeks later, the House Republican cuts? opment, 3,120 community action majority is already forgetting about America’s most vulnerable. This week, b 1915 projects completed in Iraq; $320 million cut from community services block Republicans had planned to cut Med- We are talking about investment, grants in the United States. icaid, higher education, food stamps, and what we are suggesting is that $470 million for the construction of and possibly the earned income tax these tax cuts are misplaced. They housing and public buildings and civic credit in order to achieve budget rec- have nothing to do with increasing the centers for Iraqi citizens; in this coun- onciliation. minimum wage, which might be some- try $250 million has been cut from com- We heard today that the budget rec- thing we would want to consider. It has munity development block grants; and onciliation has been postponed. We are nothing to do with strengthening the the President’s budget cuts for public not going to vote on it tomorrow, and middle class. And even as we looked at housing, the capital fund, have been that is certainly good news. I think it poverty in Hurricane Katrina, let me cut by 10 percent even though it is now is a strong indication that this budget tell the Members there are middle- already deficient to meet the needs of plan was a bad plan for America and class working families that have been the program. that it was, in fact, going to be used as totally devastated. They are in our This chart shows the same thing. In a method of basically hurting the poor city. They had businesses. They had in- Iraq, 110 primary health care centers and might have had a direct impact on comes. They had homes. Mr. Speaker, built or renovated. In this country $10 those hurricane victims. they do not have any of that now. And billion has been cut or is being pro- But it does not mean that the Repub- these tax cuts, taking away from giv- posed to being cut from Medicaid. lican leadership is not going to try to ing them an opportunity to rebuild, I could go down the list, but the ex- bring it up again next week when we SBA loans, fixing the infrastructure, ample is stark. We are not saying this come back. And the problem is that it which I have heard the gentleman from should not be done in Iraq. We have got just is not fair, it really is not fair. It South Carolina (Mr. SPRATT) and the to help get that country back on its is un-American, in my opinion, to say gentleman from Minnesota (Mr. OBER- feet, and the sooner we can get out, the that we are going to try to pass this STAR) speak of eloquently, this is going better. But in the meantime, we need budget reconciliation by making cuts to be the choice being made by our to stabilize the country, and this is in the very programs that impact the good friends in the budget reconcili- part of it, part of the economic recon- people who suffered during the hurri- ation. struction. But it stands in stark con- cane. The Republicans are claiming that They are willing to take tax cuts for trast to what we are willing to do in their budget reconciliation bill is fis- the top 1 percent and prioritize that this country for infrastructure that we over health care, education, Social Se- cally responsible and will cut the def- all acknowledge we need and see we icit. But, obviously, we could tell from curity, Medicare, Medicaid, housing. need in a case like New Orleans when But most importantly, the most vul- the last Special Order that is simply the levees break. not true. The budget actually raises nerable now in our Nation, not only the Ms. JACKSON-LEE of Texas. Mr. impoverished but almost 2 million peo- the deficit, gives more tax breaks to Speaker, will the gentleman yield? the wealthiest, and makes matters ple that are evacuated that are scat- Mr. SPRATT. I yield to the gentle- worse, obviously, for the victims of tered across 44 States who may want to woman from Texas. come home to the gulf region are going Katrina. Ms. JACKSON-LEE of Texas. Mr. Essentially, this is a way of trying to to need a little help from their friends Speaker, I want to say one sentence to build in, if you will, the Republican tax in the Federal Government. Hard- that because what he just highlighted breaks that primarily go to the working taxpayers now with this budg- are two-pronged: one, we have to take wealthy, to the special interests, to et will not be able to finally support care of all America, including those corporate interests that the Repub- that this Federal Government can pro- not so impacted by hurricanes Katrina licans would try to pass further down vide for them. And I hope that, as we and Rita, all of the folks who are vul- the road this year. And it is amazing to look at this problem, we will be able to nerable no matter what their station in me, Mr. Speaker, that it only took Re- find some compassion for those who are life; hurricanes Katrina and Rita sur- publicans 6 weeks to forget the images in need. vivors but also the Americans who are of Hurricane Katrina. They are once Mr. SCOTT of Virginia. Mr. Speaker, hard-working taxpayers. This budget again putting the priorities of the will the gentleman yield? that they are putting before us does wealthiest few ahead of the working- Mr. SPRATT. I yield to the gen- not do any of those. class Americans. It is now clear that tleman from Virginia. Mr. SPRATT. Mr. Speaker, reclaim- the Republicans learned absolutely Mr. SCOTT of Virginia. Mr. Speaker, ing my time, I made the point earlier nothing from Hurricane Katrina. I believe the gentleman has some that the cost of catastrophes like I could go on myself, but I have to charts that he wanted to discuss about Katrina and Rita should be spread over say that my ideas and my concerns some of the choices that we are mak- the whole country, the whole popu- with this budget bill were very much ing. lation, but spread equitably. And it is set forth in a Washington Post article Mr. SPRATT. Mr. Speaker, these not right to saddle that heavy burden or op ed that appeared today by Harold charts were compiled by the gentleman on those least able to bear. Meyerson called ‘‘Gunning for the from Illinois (Mr. EMANUEL), and basi- I thank our participants for their Poor.’’ And I am not going to read the cally what he is trying to show here is participation. whole thing, Mr. Speaker, or put it in that we have a robust program of re- f the RECORD, but I wanted to highlight building and restoration ongoing in THE BUDGET RECONCILIATION some of the things that Harold Iraq to the extent they can maintain Meyerson said because it basically says anything there in the midst of that in- The SPEAKER pro tempore (Mr. in probably better language what I just surgency. REICHERT). Under the Speaker’s an- indicated and how I feel. For example, in terms of infrastruc- nounced policy of January 4, 2005, the And Harold Meyerson said in this op ture, we have rehabilitated the Sweet- gentleman from New Jersey (Mr. ed today in the Washington Post: water Canal System, including repairs PALLONE) is recognized for 60 minutes. ‘‘Congress is back in session and it’s to the levees on the Tigris and Euphra- Mr. PALLONE. Mr. Speaker, 6 weeks gunning for the American poor. tes. On the other hand, we have cut ago all Americans saw the human face ‘‘A revolt of House conservatives has $336 million from the Army Corps of of poverty in the aftermath of Hurri- persuaded that body’s Republican lead- Engineers, including funding for the cane Katrina. President Bush vowed ership to offset the increased Federal levees on the Mississippi. We have re- that after the botched Federal response spending going to rebuild the Hurri- built the Iraqi republican railway line. to the hurricane that the Federal Gov- cane Katrina-devastated gulf coast by

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8973 reductions in Medicaid, food stamps, of poor people, a lot of people that were b 1930 and other programs for the indigent. If unemployed, a lot of people that did I would like to point out the other things go according to plan, this week not have basic necessities; and rather night I read a part of an editorial in the House will begin to cut $50 billion than trying to help them in some way the New York Times which I think from those efforts. by extending Medicaid benefits to them says it all about this fake Katrina in- ‘‘The emerging Republican response so that if they lost their health insur- quiry, and I am not going to read the to Katrina, apparently, is to comfort ance, they will still have some health whole thing, but I just wanted to read the drenched poor and afflict the dry. insurance, or rather than giving them the very beginning and the very end. ‘‘For a moment last week, it looked an opportunity to have a job so that This was in the New York Times on as though the Republicans were going they can help rebuild New Orleans or September 26. It is called, ‘‘Faking the to enact across-the-board spending the various towns along the gulf that Katrina Inquiry,’’ and it says: As the cuts. were impacted by Hurricane Katrina, Nation reels from Rita’s devastation ‘‘That, however, would have meant this administration and this Repub- along the Gulf Coast, any hope for a less money for defense contractors and lican Congress are just cutting the legs thorough investigation of govern- the highway industry and other con- out of any kind of help that those hur- ment’s gross mismanagement of tributors to congressional Republicans’ ricane victims would receive and basi- Katrina is quietly ebbing away behind campaigns. GOP committee chairmen cally saying we do not care about the political levees of Washington. The made that point so forcefully that the them; all we care about is giving tax White House and the Republican-con- idea was scrapped. cuts to the very wealthy. trolled Congress, resisting popular sup- ‘‘The beauty of taking the cuts out of I think it is scandalous, frankly, and port for an independent, nonpartisan Medicaid and student loan programs, it is another reason why we need an commission, remain determined to run by happy contrast, is that it does not independent investigation of what hap- self-serving, bogus investigations. reduce the flow of funds to the Repub- pened with Hurricane Katrina. There is no way to whitewash a hurri- lican campaign committees by a single A number of my colleagues and I cane. The government dominated by dime. have been coming down here for the one party should be disqualified from ‘‘Even before the right-wing House last few nights as well as before the investigating itself. Just as President leadership capitulated to the even fur- congressional break that we had last Bush repeatedly fought the creation of ther right-wing House rank and file, week and have been saying, and so the 9/11 Commission till public pressure the government’s response to Katrina have the media been saying, that a bi- forced him to yield, so should the pub- already appeared to be driven more by partisan Katrina investigation is need- lic now demand that the administra- laissez-faire ideology than by need or ed because the Washington Repub- tion and Congress get real about common sense. The administration has licans, the ones who have set up their Katrina.’’ opposed efforts by Senate Finance own committee or investigation on a I feel even more strongly about this Committee Chairman CHARLES GRASS- partisan basis, are the same people who in the light of this budget reconcili- LEY to extend Medicaid coverage to are responsible for the problems that ation bill that we understand now has those Katrina survivors who lost their we faced in the aftermath of Hurricane been postponed because the Repub- jobs and health insurance in the flood. Katrina. In other words, the Bush ad- licans do not have the votes. Thank And by suspending the requirements of ministration botched what happened in God they do not have the votes, and the Davis-Bacon Act that construction the aftermath of the hurricane. And hopefully, they will never have the workers on federally funded recon- they continue to do things that are pri- vote for this scandal. struction efforts be paid the prevailing marily for special interests, for the I would yield now to my colleague wage, President Bush has ensured that people who contribute to their cam- the gentleman from Florida (Mr. MEEK) much of that work will be done by ille- paign coffers, without worrying about who has been here practically every gal immigrants, as one New York the people, the victims, that are suf- night making this point. Times report on the Mexican workers fering in New Orleans and other cities Mr. MEEK of Florida. Mr. Speaker, I rebuilding Gulfport, Mississippi made along the gulf. can tell the gentleman from New Jer- abundantly clear.’’ So why in the world would we let sey (Mr. PALLONE) I am just so glad to The article goes on, Mr. Speaker; but these Washington Republicans who be here with you tonight, and I know the bottom line is, and this is what control the White House, control the that the gentleman from South Caro- Meyerson says at the end: ‘‘The same Senate, control the House investigate lina (Mr. SPRATT) was here a little ear- Republican zealots who demand fiscal themselves? It makes no sense. lier, our good friend from South Caro- responsibility by cutting $50 billion for The only way that we are going to lina and the ranking member on the the indigent sick are now also demand- get a true analysis of what is really Committee on the Budget, to point out ing a new $70 billion in tax cuts, in- happening in the aftermath of Katrina, some of the variations you have been cluding the permanent repeal of the es- including what was discussed today in talking about now. tate tax, that would chiefly benefit the terms of the unwillingness of the Re- I can tell you also that I was con- rich.’’ publicans to help the victims in the cerned. I think it takes more than a So Meyerson basically explains, and I aftermath of the hurricane, is by hav- press conference that the majority did think it is abundantly clear, the Re- ing a bipartisan commission so that today down in the basement of the Cap- publicans are not trying to make these Democrats and Republicans are both itol here saying we are fiscal conserv- cuts in programs for the indigent that involved in the investigation, both can atives. All of the sudden, after all of would essentially help the hurricane look at what is happening and not have this time, after all of this borrow and victims because they want to balance this fake Katrina inquiry that would spend money, no one said a mumbling the budget. Because, no, the deficit is just essentially be a whitewash, if you word. Now we have Americans that are still going to be huge. They are basi- will, for what happened in the after- displaced, Americans that are looking cally doing it because they want to math of the hurricane. for assistance from its government, build into the budget the opportunity I notice that I am being joined now Americans that are still in shelters, to come back with permanent tax cuts by some of my colleagues who have and now we want to be fiscal conserv- for the wealthy, for the corporate in- been here every night making this atives. We want to all of the sudden terests; and this is their way of cutting point; but we are particularly upset say, oh, well, you know, the American programs that essentially are crucial with the fact that, in addition to not people know the Republican majority for the hurricane victims in order to having this bipartisan investigation, here in the House, that we are fiscal accomplish that. this bipartisan commission, we now conservatives. And the amazing thing to me, Mr. face a situation where the Republicans Let me just say something. The Speaker, is that we heard President want to bring up a budget plan that ac- budget does not reflect the highest def- Bush just a few days or a week or so tually is going to cut the very pro- icit in the history of the republic or after the hurricane struck say that the grams that these hurricane victims one of the highest. Definitely when it hurricane showed that there were a lot need. comes down to the war in Iraq, there is

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8974 CONGRESSIONAL RECORD — HOUSE October 19, 2005 no real accountability as it relates to pulled now, and it is not going to hap- people have to donate and they make corporate greed and corruption and pen. I do not think that it is not going big profits. Is that not a coincidence? cronyism of companies that have sto- to happen because the staff could not Of all the programs we have, not one len the taxpayers’ money under the necessarily get the paperwork to- program is going to be cut in which a lights, and they are still getting con- gether. It is not going to happen be- special interest would be hurt. What a tracts from some of those very same cause it was the wrong thing to do on shame. What a sham. It is a joke that companies that got contracts in Hurri- the backs of the wrong people. we are going to ask Medicaid recipi- cane Katrina to make the taxpayer vic- You do not go to a family saying we ents, Head Start, free and reduced tims all over again. are here to help you, but first of all we lunch, college loans. Those people are Now folks over there want to get reli- are going to take back at least $1,000 of going to take the brunt of the hit to gion about being fiscal conservatives, the services that you had coming to pay for a natural disaster. saying we are going to find some, what, you due to the fact that Federal-man- I heard a columnist today say we are $55 million or whatever the figure is, dated law, as it relates to health care, going to take from the dry poor and off the backs of poor people. So I think we are going to take it back from you. give to the wet poor, and is that not it is important that we talk about this. Matter of fact, take that cookie out of something? I think that I just want to do this the kid’s mouth. Did he get that in the Mr. BOREN. Mr. Speaker, will the again. Maybe the folks over here on the free and reduced lunch program? Take gentleman yield? other side forgot about this. Maybe it back from him because we are going Mr. PALLONE. I yield to the gen- they forgot about this community. to cut that, too. tleman from Oklahoma. This is the before picture of the Cat- What they did that I think is impor- Mr. BOREN. Mr. Speaker, the last egory 3 levee, and this is the after pic- tant and I think the Members in their few nights I have been watching this ture. Maybe they forgot about those offices that are watching now needs to 30-Something crowd up speaking at Americans that lost their homes. All know, what they did, they said, well, night, and it really inspired me to under this we are going to be fiscal we are definitely not going to deal with come down to the floor. conservative. Maybe they forgot about the billionaires. We are having this This is my first Special Order as a this lady here with her children, finally press conference to send a code to let freshman Member of Congress. I hail getting out from the water after 4 days them know that you are safe. from the great State of Oklahoma, and right here in New Orleans. She is car- I want to make it clear we have a Re- this is very, very important. I think rying her kids out when 30,000 people publican majority here in the House, the American people need to know were trapped there. Maybe we forgot and it has been that way for 10 years. about what is going on here in Wash- about that. Maybe we forgot about We have a Republican majority over in ington, D.C. It is hurting my district. these folks here that had to improvise the Senate and definitely a Republican It is hurting all of us. and find their way back to safety, and White House. So anyone that would I want to talk about some of these these kids stroking here on the refrig- come and say anything publicly on this programs that you are talking about erator with a board, maybe they forgot floor about, oh, the Democrats are that affect everyone from Broken about that. Maybe they forgot about stopping us from governing in a com- Arrow and Idabel, if you are listening this, too. passionate way, that is not true. tonight; to Muskogee, Oklahoma; to Let me just say that I want to make Mr. RYAN of Ohio. Mr. Speaker, will Miami, Oklahoma; to Durant. Let us sure we do not get confused on the rea- the gentleman yield? talk about the community health cen- son why we are having this debate in Mr. PALLONE. I yield to the gen- ters that the funding has been slashed. the first place. This is all about helping tleman from Ohio. The President’s budget asked for a 64 Americans and making sure that local Mr. RYAN of Ohio. I appreciate that. percent reduction. We talk about Med- government and the Federal Govern- That is the distinction that we need to icaid and the COPS program. We have ment is able to respond in a way that make here. The Republican Party con- talked about economic development in it is supposed to respond, appro- trols all the levels of government, the the rural part of America that is being priately, to taxpayers when this hap- committees, the House, the Senate, the cut. Even Start, which you talked pens. White House. What they say goes. We about earlier tonight, is very, very im- Now we are going to make the coun- are an opposition party at this point, portant. Head Start funding, TRIO and try pay even more of the 67 percent cut and they are the governing party. They Gear Up are so important. that took place under regular order are taking the country off the cliff is Let me tell you, in my district we under the last budget that the major- basically what is happening here. have a lot of young people and their ity held the clock on once again, open The point I want to make to my families. No one’s been to college, and a little bit longer, the Republicans on friends in the 30-Something Group and these programs are vital for creating the majority side did, and now we are to the Members who are watching and jobs in a district like mine. Because of going to go back on top of the 69 per- the American people is this. When this some kind of offset for, as you said, a cent, and the goal is to do an addi- body was originally trying to figure billionaire or someone else like that, tional 50 percent cut, okay, 50 percent out a way to pay for Katrina, all those people in my district are getting cut, more going into cutting these pro- pictures that you show, when they people in Oklahoma. grams like Medicaid and Medicare and were originally trying to figure out a I am one of the more conservative free and reduced lunch for children. way to pay for this, you know what Members of our caucus. I come from a What was so disturbing and I think came up? Across-the-board cuts in all red State. I am the only Democrat in the Members should be aware of, I programs, 2 percent, in order to pay for our delegation. The President carried watched this on C–SPAN. It was down this, across the board. Then, when the my district with 59 percent of the vote, in the basement. There were about six extreme right wing Republicans in the but I want to tell you, this resonates Members, the temporary majority caucus came over and those corporate with all Americans, both Democrats leader and all of that stuff. They were interests here in Washington, D.C., and Republicans. down there talking, beating chests and came over to the Hill and they started We are running up a huge national all. exerting their influence here, it debt. We are paying interest payments, In closing my opening statement, I changed because we cannot cut pro- and it gets larger and larger every day. am so happy that there is a God, and I grams that the big-time lobbyists As we pay those interest payments, it am also happy that there are some want. That would be wrong in Wash- squeezes out all those programs that folks in this Congress that are willing ington, D.C. are so vital to us, not to a Democrat or to put the pressure on the majority Notice what is being cut, notice. a Republican, but all Americans, espe- side on this issue. Look at the list: Medicaid, Head Start, cially in rural parts of the United As you know, today we were supposed college loans. There is not a program States. to do some voting on this, on the budg- that is getting cut where the people I want to tell my colleague from et, and tomorrow we were supposed to can actually donate money to Con- Ohio, my colleague from Florida and do some voting. That vote has been gress. We cannot cut programs where New Jersey, and now another Member

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8975 from Florida has joined us, I thank you Florida (Mr. MEEK) and I just turned 39 These loans are the most basic and for allowing me to be a part of this a couple of weeks ago, so we are in our most used types of loans of SBA’s busi- team tonight and to speak on these last year of eligibility here. So listen, I ness loan programs. Under this budget, issues. am a woman, and I am acknowledging for the second year in a row, the budg- Mr. RYAN of Ohio. Mr. Speaker, let that. et eliminates appropriations for small me just say that it is great to have you But there was an article in my paper business 7(a) loans and proposes to run here, and I think it shows that it does today in the South Florida Sun Sen- the program solely through fee in- not matter whether I am a red State, tinel that talked about the cost of col- creases, substantially raising the costs Florida’s a red State, Oklahoma unfor- lege having risen by one-third over the for small business and lenders. tunately is a red State. You are the last 5 years. One-third. Parents have We talk about these rural commu- only blue Stater here, but I think what been preparing every year for yet an- nities again. They get out of college the gentleman from Oklahoma (Mr. other hit in their pocketbook. The av- like at Southeastern in Durant or they BOREN) brings here is that there is this erage college costs today at a private are at NSU in Kulaqua, they have that idea that we are trying to promote the college are $21,000, and almost $5,500 at degree, they are going for that seed Democratic agenda. This is about a public university. It does not matter capital. They want to start a new busi- America. This is not a partisan issue. whether you are in a red State or a ness. We have always been the party of I mean, help us out here. The kid who blue State, and I am going to claim small business. We have always been is getting Head Start or the kid that Florida as a purple State. We are 50–50 the party of Main Street, going out and wants to go to college or the parents right down the line when it comes to striking out on your own. This budget that are trying to pay for the school or those elections, so I am not willing to slashes those programs. whatever it may be, this is not a red cede that we are a red State just yet. Another thing, SBA business infor- State-blue State issue. I think the 30 We cannot have our college students mation centers, joint ventures between Something Group is all about talking face the double-digit tuition increases the U.S. Small Business Administra- about what is best for the United that have been rained down upon them, tion and private partners, they provide States of America, and that means coupled with the deep financial aid the latest in high-tech hardware, soft- making sure that those people in your cuts that have been proposed. That is ware, and telecommunications to help district have an opportunity to go to what is coming out of this Congress start-up and expanding businesses. college, that they have a healthy start. right now. They also offer a wide array of coun- I think we have talked about that, One of the things that we mentioned seling services. Under this budget, that and that is not a partisan issue. This is last night was that while we are very program is eliminated. about what is doing what is best for the critical of the actions that are being One more. Micro loan program. This country. proposed here by this Republican lead- program provides very small loans to Ms. WASSERMAN SCHULTZ. Mr. ership, we do have our own set of plans, start-ups and targets mainly low-in- Speaker, will the gentleman yield? particularly in terms of how we would come entrepreneurs. In 2003, this vital Mr. PALLONE. I yield to the gentle- approach higher education and making program provided $26.5 million in loans woman from Florida. college less expensive. and an additional $15 million in tech- We would make college more afford- nical assistance. The micro loan pro- b 1945 able in several ways. Our proposal gram enables individuals to become Ms. WASSERMAN SCHULTZ. Mr. would guarantee a $500 boost to the self-sufficient while creating jobs and Speaker, I thank the gentleman from maximum Pell grant scholarship. We contributing to economic development Ohio. I feel a little odd over here. But, would give students the choice between in local communities. Mr. Speaker, if more of the people on either a fixed or a variable interest Under this budget, every single dollar this side of the chamber thought like rate when they consolidate their stu- is eliminated. Think about that. We me, then we would be improving things dent loans, and we would do so without are talking about growing the econ- really significantly here. So I think raising costs for students. We would omy, we are talking about creating maybe if I stand here long enough, keep Congress’s promise that was made jobs. Right now, we are creating infla- maybe the philosophical brain waves in 2002 on the Republican watch, which tion, because we have such high energy will travel over here. still has not been fulfilled, to lower the costs. It is wonderful to have our colleague interest rate cap on student loans at 6.8 Mr. RYAN of Ohio. That one program from Ohio join us in the 30-Something percent. The Republican bill reverses was for low-income folks? group. We have been trying to encour- that bipartisan agreement and raises Mr. BOREN. Absolutely. age our fellow 30-Something Members student interest rate caps to 8.25 per- Mr. RYAN of Ohio. This is almost to join us down here to talk about the cent. hysterical, in a bad sense hysterical. things that resonate universally across We absolutely have to do not just We were in the Committee on Edu- this country. The gentleman is abso- right by our students, but we have to cation and the Workforce today mark- lutely right, both gentlemen are. It at least do what we say we are going to ing up the TANF bill. We offered an does not matter whether you are in do. You cannot just talk about low- amendment to raise the minimum New Jersey, Ohio, Oklahoma, Florida, ering the cost and expanding access to wage to a living wage. Shot down. We Idaho, California, the things that we higher education; you actually have to offered an amendment that we wanted talk about on this floor during our follow up with action on it. And this to give more money for people who hour are resonating and run deep in Republican Congress and their leader- were going from welfare to work, we terms of their impact on Americans, ship has been dropping themselves into were going to step in and provide them whether you are from the right wing of a full-scale reversal and literally clos- with child care, more money for child the spectrum or the left wing of the ing off access do higher education to care. We have a study that says you spectrum. Americans across this country. need about $8 billion for these people to Let us take the cost of college. Obvi- Mr. BOREN. Mr. Speaker, that build- have adequate child care so they will ously, people in our generation, wheth- ing block that we talk about, edu- actually get off the welfare rolls and er they are raising children that are cation, being ready for the work force get to work. That got shot down. about to go to college, or whether they, is very, very important. Let us talk Mr. MEEK of Florida. Mr. Speaker, if in the case of people who are maybe about going into the work force. This the gentleman will yield, we need to closer to the ages of the gentleman Republican Congress has talked about clarify who we are and they are. from Oklahoma (Mr. BOREN) and the creating jobs, has talked about growing Mr. RYAN of Ohio. I appreciate that. gentleman from Ohio (Mr. RYAN), who the economy and, at the same time, I thank the gentleman. I thank the are closer to having been in college they are cutting programs that are gentleman. The Republicans on the than perhaps the gentleman from Flor- very vital to creating jobs. Let me talk committee who have a majority of the ida (Mr. MEEK) and I are, the rising about them right now. folks on the committee shot all of costs of college are just really getting The small business 7(a) loan program those democratic amendments down. out of control. The gentleman from is very important to my constituents. The Democrats offered to have a living

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8976 CONGRESSIONAL RECORD — HOUSE October 19, 2005 wage. The Democrats offered to in- cuts to community health care centers think of as economic development, cre- crease money for child care so that you that the gentleman from Oklahoma ating jobs, these are really programs can go out into the work force and con- mentioned. In Iraq, 110 primary health that I believe that Democrats support tribute to the economy and pay taxes. care centers built and renovated, 2,000 more than Republicans. Another one Now, our friend from Oklahoma says, health care professionals trained, 3.2 that Republicans try to talk about that well, even the program where low-in- million children vaccinated. We are they have the upper hand on is law en- come people want to strike out on spending the money in Iraq rather than forcement programs. Let me just give a their own and they want to start their here. few statistics about law enforcement. own business, that program is getting Education, the gentleman from Flor- The COPS program, a very, very suc- cut. ida talked about education. The Repub- cessful program. It stands for the Com- What do you propose these people do? lican budget cuts in the United States, munity-Oriented Policing Services pro- Is there an answer on that side? They $9 billion in cuts to student loans gram. It provides grants to help com- are talking about this long and distin- through reconciliation, $806 million in munities hire, train, and retain police guished record of helping people. How? cuts to No Child Left Behind. In Iraq, officers and improve law enforcement What do you mean? The poverty rate is 2,717 schools rehabilitated, 36,000 teach- technologies. Under this budget, it is going up, wages are stagnant, and it is ers and administrators trained. I am slashed by $477 million or 96 percent. harder to get into school, and tuition not going to go through the whole Another program which is very vital has doubled. thing because it was gone through be- to my district is the firefighter grants Mr. PALLONE. Mr. Speaker, if the fore and I do not want to repeat it. program. It affects all of our commu- gentleman will yield, the gentleman But I will just never forget, within a nities I know that are here in this from Ohio is absolutely correct. I want couple of months after the invasion of chamber tonight. This program pro- to go back to what he said before, be- Iraq, a couple of my Republican col- vides local firefighters with everything cause we are talking about all of these leagues came down here one night on from trucks and equipment to the abil- terrible things that the Republicans the Floor and they had just come back ity to pay salaries for trained profes- are doing and are proposing to do, and from Iraq and it was the first day of sional firefighters, despite the fact that I am sure a lot of the people say, well, school and they had all of the books police departments nationwide do not why would they do those awful things. and the pencils and the papers that have the protective gear to safely se- I think it is important for us to go were being provided to the students in cure a site after the detonation of a back to what the gentleman from Ohio Iraq. I had just come back from New weapon of mass destruction, and fire said before, which is why is this hap- Jersey and was hearing complaints departments have only enough radios pening? from the schools about how they did for half of the firefighters on a shift. I mean, obviously, it is not hap- not have pencils and paper and sup- b 2000 pening because they want to reduce the plies. There is nothing wrong with deficit, because my understanding is helping the people in Iraq, I am not Under the Republican budget it has that this budget that they were going trying to take away from them. But for slashed the fire fighter grant program to bring up tomorrow, this budget reso- them to say to us that we have to cut by $215 million or 30 percent. lution actually increases the deficit by similar type programs for people who We talk a lot about Homeland Secu- more than $100 billion, so it is not for are really in need, including the hurri- rity. I am on the Armed Services Com- deficit reduction. Any spending cuts, in cane victims, it is just not right. An mittee in this body. We talk a lot my opinion, are being used primarily the reason they are doing it is because about Homeland Security, we talk for 2 things. One is because they want they do not want to cut the programs about being prepared for the next to offset the tax cuts; again, these are for their special interest friends and, at threat. Obviously with Katrina, that is tax cuts primarily for the wealthy, for the same time, I believe they are try- a new threat that most of us probably the special interests that are coming ing to build in money that they can use did not even think about just a few down the road. for these additional tax cuts that pri- months ago. How are we going to be The other thing that I think we need marily benefit the wealthy. prepared for the next disaster if we are to point out, and that is why I asked I just want to also say, again, I am cutting programs like these? the previous Democrats from the pre- showing my age here because I know A budget here in Washington, when vious Special Order to leave this chart this is the 30-Something club, but I am we craft a budget it is a statement of up. Also what is happening here is that going to digress for one minute. I am our priorities, and unfortunately the the Republicans want to continue to so pleased that the gentleman from priorities of some Members in this pay for these infrastructure and other Oklahoma joined us tonight. I followed Chamber have been for those who have, improvements in Iraq. Now, I am not his election last year and I was so and have left those in areas like my saying that it is bad to do all of this re- happy that he won, because we cer- district in eastern Oklahoma who do construction work in Iraq. I mean, I tainly need Democrats in Oklahoma. I not have the funding to make sure that strongly believe that it needs to be know you are in a long tradition of they can talk on these radios. looked at, because a lot of times it is people that the rest of my colleagues I can tell you a perfect example. Greg going to Halliburton and other compa- probably do not even remember, and Walters, if you are listening tonight, nies that are skimming the money and that is your father, who was the Sen- he is a first responder in Sequoyah not necessarily delivering the services. ator; Brad Carson, your predecessor; County, somebody I talk to every day, But I think it is very interesting to see Mike Synar. Oklahoma always had talks to me about his fire trucks. The that almost every one of the programs conservative populace, I guess I call Nicut Fire Department, they are hav- that were mentioned here tonight by them, who were conservative but, at ing trouble getting funding for their each of my colleagues, well, to the ex- the same time, understood the needs of trucks, they are having problems get- tent it is being cut in the United the people. So I am very pleased that ting funding for their radios. If there is States, it is being done in Iraq. I just you are with us here tonight. a fire or something that happens, and do not think that is fair. Mr. BOREN. Mr. Speaker, if the gen- terrorist attacks can happen anywhere, I want to just read this again briefly, tleman will yield, I want to add one they happened in my home State of because it is just amazing to me. more person to that list, and that was Oklahoma. It is not just in the urban Again, this comes from the gentleman my grandfather, who served in this areas. We have got to be prepared. from Illinois (Mr. EMANUEL), our demo- body from 1937 until 1947 and actually Again, we have got to refocus our pri- cratic colleagues: health care, because represented the southern portion of my orities. the gentleman from Oklahoma men- district. So we share a bond that we Ms. WASSERMAN SCHULTZ. The tioned the community health pro- both serve in the House. Dad was in the gentleman just mentioned that if we grams. Health care in America, $10 bil- other chamber. are going to make sure that we are lion in medicaid cuts through rec- But I talked a little bit about pro- ready for the next natural disaster, onciliation, $252 million in cuts for grams that are traditionally Repub- often when you talk about events like health care professionals, $94 million in lican programs, like what you would epic proportions like natural disasters,

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8977 you think of them in terms of their sure that folks who woke up early one Mr. BOREN. Mr. Speaker, I will just rarity. Since myself and Mr. MEEK are morning, whether they be Democrat, give my colleagues an example in my both from Florida, and in the next 2 Republican, Independent, no party af- district. We have a terrible problem days we will face what is no longer con- filiation whatsoever, an individual that with methamphetamine. It is hap- sidered a rarity in our State in the was in a nursing home could not make pening everywhere, it is not just hap- name of Hurricane Wilma that has now it, did not have an absentee ballot, pening in rural areas, it is happening in reached the point in history that it is they deserve our representation. And urban areas. We have places in Le the strongest storm on record with the the reason why this bill did not come Flore County in Oklahoma where lit- lowest barometric pressure ever to be up and hopefully will not come up in erally this is infiltrating not based on recorded in the Atlantic Basin and is the form that it is in now, and some socioeconomics, the rich and the poor, expected to make landfall in our home folks ask what do Democrats do in the it is affecting everyone. And one of the State, possibly crossing over either minority? What do you do because you only tools that we have to fight this mine or Mr. MEEK’s district over the do not have the ability, not we do not scourge of methamphetamine is the weekend. have the physical ability or the mental Byrne Grant Program. Under this One of the things that we have been ability to do it, but by rule we cannot budget, it was slashed. Once again, emphasizing over the last several days bring certain things to the floor. We when we have the tools, we have the and weeks is that the confidence of the cannot agenda bills here on the floor. necessary tools, it is taken away. American people in their government There are a lot of things that we can- And I can think of the district attor- has been badly shaken. The gentleman not do because we are in the minority. neys and the drug task forces in my from Oklahoma mentioned that we are But what we can do is propose. district that I have met with, the first not sure how people are expected to be Now, this very bad budget amend- responders who say, damn, we des- able to have that confidence restored ment that is coming up that is going to perately need it. We need it in places and know that the next natural dis- cut the opportunity for families who like Heavener. And we are saying to aster, or man-made disaster for that want to work to be able to have child them, no, we cannot do it because we matter, that their government is going care and to be able to, like the gen- are going to spend it somewhere else. I to be prepared both in terms of getting tleman from Ohio, provide for their just wanted to give that example. them ready to deal with that disaster families. And so I think it is important Mr. PALLONE. I am so glad that the or in the aftermath of that disaster. that we realize that this is not a par- gentleman used that example and the If you look at the results of Katrina tisan conversation. The only thing par- other examples that he has been using. and the aftermath of Katrina, certainly tisan about it is the fact that the ma- Tomorrow in the Energy and Com- their confidence was not restored. If jority, which is the Republican leader- merce Committee we are going to have you look at the revelations that have ship here, will not do what they are a hearing on the health and social costs associated with drug use, particu- come from the independent 9/11 Com- supposed to do. mission’s Report, and now yet another The last point. This whole issue on larly methamphetamine use. And I just report is about to come out from the this we are going to cut, this exercise have the statistics because I am get- independent 9/11 Commission that as it relates to looking at the budget ting ready for the hearing. In 2000, re- searchers estimate the annual health through their private educational foun- has gone off the focus of helping the and social costs associated with drug dation they are about to release a re- victims of Hurricane Katrina and Rita use, particularly methamphetamine port that blasts the FBI for not imple- to we have got to prove to America use, was approximately $116 billion, $15 menting much of their recommenda- that we can govern. That is what it has billion of which was attributed to tions. turned into. It has turned into that by health care costs. When is this administration, this Re- saying, well, we can govern because we A lot of the things that we talk about publican administration and the lead- know how to cut. We know how to cut. here, particularly health care, are ac- ership here going to listen to the prior- Well, who are we cutting? We are cut- tually preventative. And so the Repub- ities of the American people and make ting those that cannot fight back. You licans think that somehow they are sure that, in terms of disaster pre- might as well just answer the question saving money. They are not saving paredness, whether it is man-made or the way it really is. Let us talk, let us, anything because they are going to natural, that we not add insult to in- like they say in some places, let us put drive people, as the gentleman says, he jury in the aftermath of those disasters the cookie on the bottom shelf so that is talking about methamphetamine, by cutting services and badly needed we can all reach it and understand they are going to create a situation health care and badly needed higher what is going on. where the problem is going to even get education and assistance for the very So I think it is important, need it be worse and it is going to cost us more in people that were victims? And when if someone has a bus pass in their hand, the long run because the people that are they going to make sure that they they carpool to work, they have to go are impacted are going to get sick. have adequate preparation to deal with out and do certain things in their car I was thinking of the gentleman’s those, the aftermath of those disasters? before they turn it over because they dad again, and I do not want to keep Right now we have not seen anything cannot afford to buy a new car. I have bringing it up. But one of the things other than the development of a par- been there before, I put my hand up. that the Republicans are talking about tisan committee in this institution to Those that are running around here doing, this $10 billion in Medicaid cuts supposedly investigate what happened. know that they can only put $20 in through reconciliation, the gentleman Well, if you cannot even know that the their tanks and some of them have to from Oklahoma pointed out that we FBI and that the administration is shut their car off at certain times be- are not just talking about poor people going to respond to the report that was cause they know they just cannot and indigent people here, we are talk- issued from the independent 9/11 Com- spend that money because they do not ing about working people. Maybe you mission, then certainly we would have have it. These are individuals that we call them the working poor or middle little to no confidence that anything is are standing for. These are the individ- class, I do not know what the word is, going to come from a partisan inves- uals that we are leading on their be- lower middle class. The Medicaid cuts tigation like the one that is going on half. that the Republicans are talking about here. So it is important that we put these mostly impact senior citizens who go Mr. MEEK of Florida. Mr. Speaker, I things out there. It is important that to nursing homes, because what they just want to tell my colleague from we come to this floor, and not let are proposing to do is to make it more Oklahoma that he is supposed to do ex- Democrats in the House or America difficult for the spouse who is left be- actly what he is doing. We are doing know what is going on, to let Ameri- hind to keep their home or to keep exactly what we are supposed to be cans know what is going on. But this their car. They want to make the doing, and that is represent our con- stuff does not just happen. It happens guidelines so that they take the money stituents. That is why we are up here. because we want them engaged, we from those very people in order for We are not up here to be friends, bud- want Members engaged in representing them to be able to continue to stay in dies, and pals. We are here to make their constituents. a nursing home.

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8978 CONGRESSIONAL RECORD — HOUSE October 19, 2005 And I remember, I was thinking at a young age on the Medicaid pro- handled by the majority on this, they again about the gentleman’s dad, be- gram, SCHIP, the programs that we do not make contributions to anyone. cause one of the things that he did was want to fund, these kids are going to They cannot afford to. These are the the so-called Boren Amendment. I do develop long-term diseases, illnesses people that are punching in and punch- not even know if my colleague remem- that will cost us a lot more money. ing out every day. bers that, but that was the one that And not only that, if you have kids in I think it is important that everyone said that the nursing homes had the the classroom and only half the kids understand the proposal that the ma- ability to seek redress if the Federal have health care, they are going to get jority is talking about now will do Government was not providing enough the kids that do have health care sick. nothing but weaken the country. That funding for nursing home care, because Ms. WASSERMAN SCHULTZ. Do you is the bottom line. That is what it what happened is that the quality of know what else we are for? We are for does. I want to make that point of clar- that care decreased and people became honesty. We are for honesty in govern- ification because even when I check my sicker, and so he wanted to have some ment. We are for ridding this institu- campaign reports, there are not a lot of enforcement mechanism to make sure tion of the culture of corruption that Medicaid recipients there saying, we that the quality of care in the nursing has consumed it in recent weeks and are writing a fat check to the Con- homes was still good. When the Repub- months. gressman. They cannot write $10 to the licans came in, they wanted to repeal Mr. MEEK of Florida. Do not forget Congressman because they are too busy that, of course, and they did repeal it cronyism, please. trying to pay for gas and the heating ultimately. Ms. WASSERMAN SCHULTZ. I was oil. So these cuts, they directly impact getting to cronyism, because there are Mr. BOREN. Mr. Speaker, actually, people, not just indigent people. I am a lot of Cs that are flying around this something that we are not talking not saying we should not be worried Chamber, including the first letter of about also, we are seeing all of these about the poor, we obviously do. But a the word Chamber. The gentleman cuts, but at the same time there is a lot of the people who may not nec- from Oklahoma and I are freshmen, we State tax increase there because you essarily be aware of the fact that they just got here, we have been here 10 have cuts at the Federal level and are going to be directly impacted, mid- months. We have conversations on the guess who has got to bear the brunt? dle class people, senior citizens, they I served in the State legislature in floor all the time about how aston- are going to be impacted by these Oklahoma before I came to Congress. ishing it is that this institution has a health care cuts. Even the student loan And we had all these things called un- pall cast over it, that there is a shadow programs. These are not just student funded mandates that the other side cast over this place by the culture of loan programs for poor people, these talked a lot about, these unfunded corruption, the cronyism, the ethical are middle class kids that are strug- mandates. Guess who is sending these challenges that some of our Members gling. These cuts impact the majority unfunded mandates right now? It is the face, the cronyism in the administra- of Americans. I mean, that is a fact. other side. They are sending them back tion, the appointments of people who And I appreciate the fact that all of to State legislatures like my home you are bringing that out, because I are not qualified for the job that they State of Oklahoma. And they are not think it is very important. were hired to do. only going to the States. They are I yield to the gentleman from Ohio. b 2015 going to the counties, they are going to Mr. RYAN of Ohio. I thank the gen- It is time to return this government the municipalities, and it is going to be tleman for yielding. I think that is a back to the honest people, back to the a tax increase for the American people. tremendous point. The Democrats are people who are in it for right reasons, Mr. PALLONE. The gentleman men- offering up amendment after amend- back to the people who went into pub- tioned before Medicaid. Medicaid is a ment on the floor, in committees. We lic service to make the world a better matching program, 50 percent Federal, have an agenda that we are trying to place, not to line their supporters’ 50 percent State. So if the States do move forward here, and our agenda is pockets, with all due respect. That is not get the 50 percent from the Federal pro taxpayer, and it is pro taxpayer be- literally what I have watched this Government, they have to make it up cause we make investments, just like themselves or drop the people com- place become both as an outsider and you do in your home with your family. pletely. now as someone who has become a The best investment you can make I know we are almost done so I would with your kids long term: Education. It Member of this body. like to yield to the gentleman from Mr. RYAN of Ohio. Let us reiterate is going to save you money in the long Ohio (Mr. RYAN) because he is going to run. That is what the Democrats want that point right before we go. We have give us the 30-Something information. to do. We want to invest into health about 5 minutes left. Mr. RYAN of Ohio. Before I give the care and pay up front so that we do not Every cut that is being made to fund e-mail address, the cuts at the Federal have to pay more in the long run. the Katrina relief is being made to a level, it goes down to the States. The The Democrats are for preventative group of people who do not donate to State has to make a decision to raise care with the community health cen- the Republican majority. They are taxes; and then it goes from the State, ters, with clinics, so that people go to Medicaid recipients. They are food the State is pushing it down to the a clinic and get the antibiotics that stamp recipients, and they are college counties, as was said; and many of us they need or the basic care that they students and middle-class parents who represent districts, the local commu- need, the preventive care that they do not have a big lobby group here. nities which are some of the poorest in need so they do not wander into an Mr. MEEK of Florida. I just want a the country. So those people are choos- emergency room 2 weeks later with point of clarification. The folks that ing between raising their own taxes pneumonia and the taxpayer still has are going to suffer under these cuts, that they do not have, the person who to pay for it. That is smart use of the they do not make political contribu- does not have $10 because of the energy taxpayer money. Investing in the stu- tions. Their only contribution is their costs and everything else, versus fund- dent loans, I have said this a million vote to send a Member of Congress up ing for their local school because No times on this floor. We had a study in here. I do not know when I go to these Child Left Behind is not paid for or hir- Ohio, University of Akron. For every health care centers and they say, well, ing more cops because the COPS grant dollar the State of Ohio invested into we had to cut 10 employees, we cannot has been cut. And that is the end line. higher education, the State got $2 back even meet the people from the commu- Ms. WASSERMAN SCHULTZ. Mr. in tax money. That is the investment nity that are coming in and need our Speaker, I would suggest the Web site. the Democrats want to make. We are help because the budget has been cut. Mr. RYAN of Ohio. Our Web site is playing offense. We have an agenda It is the evolution of taxation. We [email protected]. here. We are not here just to criticize, make the cuts up here and then the gov. We have been getting a ton of e- although we could spend a lot of time States, they return the favor to the mails. Keep sending them. We love to making the proper criticisms. local folks, and they cannot do what get them. Providing health care for young kids. they are supposed to do. The folks that I appreciate the strong cast we have If you do not get these kids health care are being cut and dealt with and man- here and maybe tomorrow or next week

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8979 we will be able to fill the whole Cham- Deputy Director of the CIA, Deputy Di- in a program authorized by the Chair- ber up. Let us keep rolling. rector of the FBI, we presented a nine- man of the Joint Chiefs of Staff, the Mr. PALLONE. Mr. Speaker, I thank page proposal to create a national col- general in charge of Special Forces everybody for joining us tonight for a laborative center. When we finished the Command, identified Mohammed Atta very important Special Order. brief, the CIA said we did not need that and three terrorists a year before 9/11, f capability, and so before 9/11 we did not tried to transfer that information to have it. the FBI were denied; and the FBI Di- FURTHER MESSAGE FROM THE When President Bush came in after a rector has now said publicly if he SENATE year of research, he announced the for- would have had that information, the A further message from the Senate mation of the Terrorism Threat Inte- FBI could have used it to perhaps pre- by Ms. Curtis, one of its clerks, an- gration Center, exactly what I had pro- vent the hijackings that struck the nounced that the Senate agreed to the posed in 1999. Today it is known as the World Trade Center, the Pentagon, and amendments of the House to the NCTC, the National Counterterrorism the plane that landed in Pennsylvania amendment of the Senate to the text of Center. But, Mr. Speaker, what trou- and perhaps saved 3,000 lives and the bill (H.R. 3971) ‘‘An Act to provide bles me is not the fact that we did not changed the course of world history. assistance to individuals and States af- take those steps. Mr. Speaker, I rise tonight because fected by Hurricane Katrina.’’ What troubles me is that I now have we have been trying to get the story f learned in the last 4 months that one of out about Able Danger and what really the tasks that was being done in 1999 ABLE DANGER FAILURE happened. Unfortunately, Mr. Speaker, and 2000 was a top-secret program orga- I have to rise tonight to tell you that The SPEAKER pro tempore (Mr. nized at the request of the Chairman of as bad as this story is, and as bad as it REICHERT). Under the Speaker’s an- the Joint Chiefs of Staff, carried out by is that the data was not transferred to nounced policy of January 4, 2005, the the general in charge of our Special the FBI, and as bad as it is that the 9/ gentleman from Pennsylvania (Mr. Forces Command, a very elite unit fo- 11 Commission totally ignored this en- WELDON) is recognized for 60 minutes. cusing on information regarding al tire story and referred to it as histori- Mr. WELDON of Pennsylvania. Mr. Qaeda. It was a military language ef- cally insignificant even though it was Speaker, I rise tonight to talk to our fort to allow us to identify the key authorized by the Chairman of the colleagues and through our colleagues cells of al Qaeda around the world and Joint Chiefs of Staff, even though to the American people about an issue to give the military the capability to Louis Freeh has now said it could have that troubles me greatly. plan actions against those cells so they provided information to prevent the at- I have been in this institution 19 could not attack us as they did in 1993 tack against us, the 9/11 Commission years, and during those 19 years I have at the Trade Center, at the Khobar ignored it. Not because the commis- been on the Committee on Armed Serv- Towers, the U.S.S. Cole attack, and the sioners ignored it, but because someone ices. Currently, I am the vice chairman African embassy bombings. at the staff level on the 9/11 Commis- of that committee and chairman of the What I did not know, Mr. Speaker, up sion staff decided for whatever reason subcommittee that oversees the pur- until June of this year, was that that that they did not want to pursue the chase of our weapons systems. In the secret program called Able Danger ac- Abel Danger story. past I have chaired the research sub- tually identified the Brooklyn cell of al committee. I have chaired the readi- Mr. Speaker, in August and Sep- Qaeda in January and February of 2000, tember I met with the military offi- ness subcommittee, and I have spent over 1 year before 9/11 every happened. every available hour of my time work- cials involved with Abel Danger and In addition, I learned that not only did one by one they told their story, until, ing to make sure that our military we identify the Brooklyn cell of al troops were properly protected and Mr. Speaker, leaders in the Defense In- Qaeda, but we identified Mohamed Atta telligence Agency, including the dep- have the proper equipment and train- as one of the members of that Brook- ing. uty director, decided they do not want lyn cell along with three other terror- the story told. I think because they I am a strong supporter of our mili- ists who were the leadership of the 9/11 tary. Whether it was in the last 2 years perhaps are fearful of being embar- attack. rassed and humiliated. of the Reagan administration, the four I have also learned, Mr. Speaker, So what direction had they taken, years of the Bush administration, the 8 that in September of 2000, again, over 1 Mr. Speaker? years of the Clinton administration, or year before 9/11, that Able Danger team the current administration of Presi- attempted on three separate occasions They have gagged the military offi- dent George W. Bush, I have been a to provide information to the FBI cers. They have prevented them from strong supporter of our military. I am about the Brooklyn cell of al Qaeda, talking to any Member of Congress. a strong supporter of President Bush. I and on three separate occasions they They have prevented them from talk- campaigned for him. I am a strong sup- were denied by lawyers in the previous ing to the media. And the Defense In- porter of Secretary Rumsfeld. I say all administration to transfer that infor- telligence Agency has began a process of that, Mr. Speaker, because tonight I mation. to destroy the career and the life of rise to express my absolute outrage Mr. Speaker, this past Sunday on Lieutenant Colonel Anthony Shaffer. and disgust with what is happening in ‘‘Meet the Press,’’ Louis Freeh, FBI Di- Now, it might be easy for us to ig- our defense intelligence agencies. rector at the time, was interviewed by nore this, Mr. Speaker. We all have Mr. Speaker, back in 1999 when I was Tim Russert. The first question to busy careers and worry about reelec- Chair of the defense research sub- Louis Freeh was in regard to the FBI’s tions every 2 years and worry about committee, the Army was doing cut- ability to ferret out the terrorists. our own families and our jobs. But I ting-edge work on a new type of tech- Louis Freeh’s response, which can be cannot do that in this case and neither nology to allow us to understand and obtained by anyone in this country as can this body, and neither can the predict emerging transnational ter- a part of the official record, was, Well, other body. You see, Lieutenant Colo- rorist threats. That technology was Tim, we are now finding out that a top- nel Shaffer took an oath to defend our being done at several locations, but secret program of the military called Constitution. He took the words ‘‘duty, was being led by our Special Forces Able Danger actually identified the honor, country’’ seriously and devoted Command. The work that they were Brooklyn cell of al Qaeda and Moham- 23 years of his life in four deployed in- doing was unprecedented. And because med Atta over a year before 9/11. telligence operations of our military to of what I saw there, I supported the de- And what Louis Freeh said, Mr. protect America. velopment of a national capability of a Speaker, is that that kind of action- During the time he served our coun- collaborative center that the CIA able data could have allowed us to pre- try, he has received the Bronze Star, would just not accept. vent the hijackings that occurred on an award that does not come easily, for In fact, in November 4 of 1999, 2 years September 11. showing acts of courage, leadership, before 9/11, in a meeting in my office So now we know, Mr. Speaker, that and bravery in the course of his activi- with the Deputy Secretary of Defense, military intelligence officers working ties.

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8980 CONGRESSIONAL RECORD — HOUSE October 19, 2005 b 2030 told the truth and now his life is being This is outrageous, Mr. Speaker. They He has received public commenda- ruined. trumped up charges against him. They tions from previous directors of the De- His career is ended. He is no longer in said while he was overseas in Afghani- fense Intelligence Agency, including military intelligence. They have taken stan, forward deployed, that he for- General Patrick Hughes, including gen- his security clearance, and they are warded cell phone calls from his offi- erals at Special Forces Command, and about to destroy him as a person. They cial phone to his personal phone; and including Admiral Wilson of the De- are about to deny him the basic health when they checked that out, it ran up fense Intelligence Agency. He has re- care and the salary that he has earned, a cost to the taxpayers of about $60. ceived dozens of letters and commenda- and they are doing it in this way. This The second verbal charge they gave tions for his work. The laudatory com- is outrageous. It is evil. They do not him was that he went to a course at ments I reviewed in his files are unbe- want to fire Tony because they also do the Army War College and he got reim- lievable. not want him to talk to the media. So bursed for his travel, his mileage and But, you see, Mr. Speaker, there is a by suspending him and removing his tolls, 100-some dollars. And they said problem. The Deputy Director of the pay and his health care, they hurt him he received a commendation for which Defense Intelligence Agency was in a bad, but he cannot talk because he is he was not entitled, even though it was meeting with Lieutenant Colonel under suspension and his lawyer has signed by his commanding officer and Shaffer almost a year before 9/11, and advised him that to talk to the media, the acting Secretary of the Army. Lieutenant Colonel Shaffer showed him to talk to Members of Congress, even But they went beyond that, Mr. a disk in his office with information when he is not being paid, would cause Speaker. They went beyond that with about al Qaeda and Mohammed Atta, him further problems and totally pre- this man. They said he had $2,000 of and the Deputy Director of the Defense vent him from ever having this gross debt, personal debt. Well, I would like Intelligence Agency stopped the brief- problem reversed. Mr. Speaker, this is to have every Pentagon employee to- ing and said, you cannot show me that. outrageous. Mr. Speaker, this is not morrow, I would like to have the senior I do not want to see it. It might con- America. leadership show us what debt they have tain information I cannot look at. Over my 19 years in Congress, I have in the Defense Intelligence Agency so Now, Tony Shaffer was not in the led 40 delegations to the former Soviet we can make that public. room alone, Mr. Speaker. There were Union. I have sat in the face of the So- They even went to this length, Mr. other people, and we know their names. viet Communists and confronted them Speaker: the Defense Intelligence So we have witnesses. Now, the Deputy on full transparency. I sat at the table Agency wrote in an official document Director has denied that meeting and with President Lukashenko of Belarus, that Lieutenant Colonel Shaffer stole denied he was there and denied this who has been called by our Secretary public property. A serious charge. Well, particular story, but the fact is he of State the last dictator in Europe. I when you check what that public prop- knows that we are going to pursue it. took both delegations to North Korea, erty was, it was an assortment of pens, So what has happened to Lieutenant Mr. Speaker, and sat across the table government pens. But what they did Colonel Shaffer, Mr. Speaker? The De- from Kim Gye Gwan and I told him we not say in the Defense Intelligence re- fense Intelligence Agency has lifted his abhor the way they treat their people, port was that he took those pens when security clearance. One day before he the way they lie about what is hap- he was 15 years of age and was with his was to testify before the Senate Com- pening, and the way they distort infor- father when he was on assignment at mittee on the Judiciary, in uniform, mation. one of our embassy outposts. He took they permanently removed his security Mr. Speaker, I took three delegations the pens to give to other students at clearance. And now our Defense Intel- to Libya to meet with Qadhafi, and I the school when he was 15 years of age. ligence Agency has told Colonel told him that we are absolutely out- And by the way, Mr. Speaker, it was Shaffer’s lawyer that they plan to seek raged at what Libya did in helping Tony Shaffer himself who admitted to a permanent removal of his pay and his complete the Lockerbie bombing and that thievery when he applied for his health care benefits for him and his the bombing of the Berlin nightclub. security clearance. So the Defense In- two children. Why, Mr. Speaker? Be- You know, Mr. Speaker, I never telligence Agency knew that during his cause Lieutenant Colonel Shaffer, like thought I would have to take the floor entire career of 23 years, but they put Commander Scott Philpot of the Navy, of this Chamber and make the same that in the document against him. like J. D. Smith, and like a host of statements about the Defense Intel- This is a scandal, Mr. Speaker. It is other Able Danger employees, has told ligence Agency. As a supporter of the an outrage. It is a travesty. Everyone the truth. President, as a supporter of the mili- that worked with Tony Shaffer, the Now, Mr. Speaker, I sat here in the tary, Mr. Speaker, if we allow this to Navy officers, the private citizens have 1990s and I sat here during the 9/11 in- go forward, then we send the signal to all said the same thing. This is a scan- vestigation and watched a ridiculous every man and woman wearing a uni- dal to get Tony Shaffer because he has situation develop with Sandy Berger, form that if you tell the truth, you will told the truth. the National Security Adviser under be destroyed if a career bureaucrat Now, this Defense Intelligence Agen- President Clinton. He walked into the above you does not like what you are cy and this Deputy Director had the National Archives before he was to tes- saying. If you tell the truth, we will audacity to have their legal counsel tify before the 9/11 Commission looking take your health care benefits away send Tony Shaffer’s lawyer a letter on through documents. He took docu- from your kids. If you tell the truth, September 23. I cannot put that letter ments out of the archives and stuffed we will ruin you. in the RECORD because it is privileged them in his socks and pants so that no Mr. Speaker, this is not America. Mr. information, but it will eventually one would see them as he left the Na- Speaker, this is not what I have been come out. But in that letter, in the sec- tional Archives. Now, that is a felony, told by Secretary Rumsfeld that we are ond to last paragraph, the legal counsel tampering with Federal documents and doing with our troops in protecting for the Defense Intelligence Agency removing classified information re- them, in giving them the best equip- says to Mr. Shaffer’s lawyer, he cannot garding our security and information ment and the best training. This is not receive any more classified informa- that the 9/11 commission needed to see. what I spend hours in committee hear- tion from the Defense Intelligence Sandy Berger initially lied about it. ings on. This sends the wrong signal to Agency because I checked and his secu- He said he did not do it. Then he ad- America’s troops. It tells them, do not rity clearances have all been removed. mitted it, and he was given a punish- be honest. Do not respect the fact that Therefore, he is not allowed to look at ment. And, oh, by the way, his security you have to be truthful. If there is anything that is secret or confidential. clearance was temporarily lifted, but somebody that the truth offends, then Now, that is a letter sent by the gen- he will get it back again, for lying, for you better be silent. eral counsel of the DIA on September stealing, and for committing an act of Mr. Speaker, I have today asked for 23 of this year. Two weeks later, Mr. outrage against our country’s security. an independent investigation of the De- Speaker, to show the stupidity of the Lieutenant Colonel Shaffer, a Bronze fense Intelligence Agency and their ef- Defense Intelligence Agency, they send Star 23-year military veteran, simply forts at destroying Tony Shaffer’s life. seven packages to Mr. Shaffer’s lawyer

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8981 of his personal belongings, which the exist. Now, the Pentagon has told us state on the record I will swear until I Deputy Director of the DIA told my all this material was destroyed, and die that I saw Mohammed Atta’s face staff 3 months ago did not exist any now I have a senior official telling me every day starting in January of 2000, a more. And in those seven boxes, Mr. there is a second pot of information year and a half before 9/11. Speaker, were five classified memos. that may well still exist. Mr. Speaker, this is not somebody off The Defense Intelligence Agency sent Furthermore, at the hearing over in the street, this is a graduate of Annap- five classified memos to Lieutenant the Senate Committee on the Judici- olis, a 23-year Naval officer who will Colonel Shaffer, which they told him ary, when Senator SPECTER asked why command one of our destroyers in Jan- on September 23 he was not allowed to this data was destroyed, the witness uary who is agreeing with Lieutenant have access to. who destroyed the data said, well, I Shaffer. We have three other people Mr. Speaker, that is a felony; and I was told that we could not keep this who have testified under oath that have asked the Inspector General and data for more than 90 days because it they saw the same photograph, and the the legal officials to investigate and might involve information that con- person I met yesterday will testify that prosecute the Defense Intelligence offi- tains U.S. persons, so we had to destroy he had the name of a Mohammed Atta cials who sent five classified docu- it. before 9/11 but not the face. ments through the mail or by hand de- Mr. Speaker, this is not some third- b 2045 livery to Tony Shaffer. rate burglary coverup. This is not some In addition, Mr. Speaker, the Defense Well, I found out that is not the Watergate incident. This is an attempt Intelligence Agency, in its absolute story. The reason the data was de- to prevent the American people from total stupidity, included in those boxes stroyed was because Special Forces knowing the facts about how we could $500 worth of Federal property, includ- Command asked the Army for that have prevented 9/11 and people are cov- ing a multi-hundred dollar GPS system data and within a matter of days, that ering it up today. They are ruining the owned by the Federal Government, data was destroyed so the Army would career of a military officer to do it and which they sent to Tony Shaffer, I not pass it to Special Forces Command. we cannot let it stand. I do not care guess to keep. They also sent, Mr. Yet there still is, was and I hope still whether you are Democrat or Repub- Speaker, 25 pens, brand new, and is a massive pot of data. lican, you cannot let a lieutenant colo- marked on them is ‘‘Property of the But furthermore, that official that I nel’s career be ruined because of some U.S. Government.’’ The Defense Intel- talked to yesterday will also say that bureaucrat in the Defense Intelligence ligence Agency, in its absolute utter there was no 90-day requirement, as Agency. If we let that happen, then no stupidity, sent Tony Shaffer Federal was testified before the Senate Com- one who wears the uniform will ever property which they accused him of mittee on the Judiciary. He said on a feel protected because we will have let taking when he was 15 years of age. regular basis they kept information them down. Anyone who wears the uni- Mr. Speaker, there is something des- from Able Danger data mining for form of this country who is serving perately wrong here. There is a bu- months and months and months. In today expects us to back him or her up reaucracy in the Defense Intelligence fact, he will say he had a discussion and that is not happening. We are see- Agency that is out of control. They with a lawyer in DOD named Schiffren ing lying, distortion. want to destroy the reputation of a 23- who told him do not worry about it, Mr. Speaker, do you know, Wolf year military officer, Bronze Star re- just fill out a document, sign your Blitzer on CNN told my staff that a De- cipient, hero of our country, with two name that you need it, put it in the partment of Defense employee told him kids because people in defense intel- box, and you can keep it as long as you that Lieutenant Colonel Shaffer was ligence are embarrassed at what is want. having an affair with one of my em- going to come out. Mr. Speaker, that is entirely con- ployees. How low can we go, Mr. Speak- And what is going to come out, Mr. tradictory to what the Defense Intel- er? How low can we go to allow this De- Speaker? Well, we are going to find ligence Agency has been telling us, to fense Department to try to ruin the out, Mr. Speaker, that that unit, Able what DOD has been telling us. Now we reputation and the personal life of a Danger, not only identified Mohammed have someone who is willing to come lieutenant colonel with a Bronze Star? Atta before 9/11, not only did they try forward and say that 90-day period is To Wolf Blitzer, Mr. Speaker. to pass that information to the FBI, not real, they kept Able Danger infor- We need to know the name of that not only was that large data destroyed mation for months and months and defense official who told Wolf Blitzer in the summer of 2000, but now, Mr. months. who told my staff, and he is not the Speaker, I can add a new dimension to Mr. Speaker, there is something des- only one. I have other media people this whole story. Yesterday, Mr. perately wrong here. A sitting Presi- who will come forward in this grand ef- Speaker, I met with another Able Dan- dent of the United States resigned his fort to destroy the reputation of a uni- ger official. I was not aware of this offi- position because he tried to cover up a formed military officer, to create scan- cial’s knowledge because he does not third-rate burglary when some low- dalous accusations. He does not even live within the Beltway. level operatives from the Republican know my staff, to accuse him of steal- This official, Mr. Speaker, has impec- committee to reelect him broke into ing pens when he was 15, to take away cable credentials. I cannot reveal his the Democrat headquarters in Wash- his health care benefits for his two kids name today. I will to any Member of ington, D.C. No one was killed. No because he is telling the truth. this body, any of our colleagues that money was stolen. No State secrets What do we stand for if not the want to come to me, I will tell you pri- were stolen. It was a third-rate bur- truth? Is it more important that we be vately who this official is, and you will glary, but it caused the resignation of politically correct? Is it more impor- agree with me when I tell you his name President Richard Nixon. tant that I not rock the boat because that he has impeccable credentials. Mr. Speaker, we are talking about my party is in the White House, be- This official yesterday, Mr. Speaker, in the deaths of 3,000 Americans. cause I campaigned for Bush, and sup- a meeting in my office, told me that he Mr. Speaker, we are talking about 2.5 port Don Rumsfeld. Is that more im- has never been talked to by the Pen- terabytes of data about al Qaeda. That portant? If that is more important, I do tagon. He has never been talked to by is equal to one-fourth of all of the not want to be here. I will leave. I will the Defense Intelligence Agency in printed material in the Library of Con- leave my post, but I will not do it until their supposed investigation. He has gress. we get justice for this man and for never been talked to by the 9/11 Com- Mr. Speaker, we are talking about these people who the 9/11 Commission mission staff in their investigation; yet Mohammed Atta and three of the ter- called historically insignificant. this official had a leadership position rorists that attacked us on 9/11. Mr. Speaker, there is something in Able Danger. Mr. Speaker, we are talking about wrong inside the Beltway. This official told me that there is a military intelligence officers, including Mr. Speaker, there is something des- separate cache of information collected an Annapolis graduate who will com- perately wrong when a military officer from over 20 Federal agencies in 1999 mand one of our destroyers in January risks his life in Afghanistan time and and 2000 on Able Danger that still may of 2006 who risked his entire career to again, embedded with our troops under

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8982 CONGRESSIONAL RECORD — HOUSE October 19, 2005 an assumed name with a false beard Mr. Speaker, there is something here. the gentleman from California (Chair- and a false identity, forward deployed I am not a conspiracy theorist, but man HUNTER). The Committee on with our troops, gets castigated, gets there is something desperately wrong, Armed Services has a full-time staffer ridiculed, gets some low life scum at Mr. Speaker. There is something out- assigned to get to the facts of this. I the Pentagon spreading malicious lies rageous at work here. This is not a want to thank the gentleman from New about this individual, and then say to third-rate burglary of a political cam- York (Mr. KING), chairman of the Com- his lawyer, we are going to take away paign headquarters. This involved what mittee on Homeland Security, because his health care benefits, we are going is right now the covering up of infor- he is looking at this. I want to thank to take away his salary. mation that led to the deaths of 3,000 the gentleman from Michigan (Chair- Mr. Speaker, if we allow this to stand people, changed the course of history, man HOEKSTRA) and the Permanent Se- as Democrats and Republicans, then led to the invasion of Iraq and Afghani- lect Committee on Intelligence. He has none of us deserve to be here. When we stan, and has disrupted our country, met with Tony Shaffer and has offered all go overseas and meet the troops, we our economy and people’s lives. to get more information. I want to tell them how proud we are of them. Mr. Speaker, we could ignore this. I thank my colleagues on the other side We provide funding for them. We give cannot. If it means I have to resign of the aisle for standing up and begin- them training and take care of their from this body, I will resign. I will not ning to ask questions, and I want to families. What we are allowing to hap- allow, after 19 years in this body and as thank Senator SPECTER and Senator pen right now is the Defense Intel- a vice chairman of the Committee on BIDEN, who attended a Committee on ligence Agency to ruin the career and Armed Services, bureaucrats in the De- the Judiciary hearing and expressed the life of a man who spent 23 years fense Intelligence Agency to concoct their outrage. I want to thank Senator protecting his Nation. If Lieutenant stories, to talk about the theft of pens SESSIONS, Senator KYL, and Senator Colonel Shaffer was telling this story when this lieutenant colonel was 15 GRASSLEY, who were all there. In fact, alone in a vacuum, that would be one years old, to talk about this man’s per- thing. But he has been corroborated Senator GRASSLEY called it a coverup. sonal debt of $2,000. I would hate to Mr. Speaker, I cannot tell you the over and over again. I have met with at check the indebtedness of Members of least 10 people who fully corroborate number of Members who have come to Congress. I know mine is more than what Tony Shaffer says. Those meet- me and said this is unacceptable. I $2,000. ings with the FBI, the FBI employee would hope that as a result of what we Mr. Speaker, this is not America. I have heard tonight every Member of still works there and she told the Sen- had a group of college students down ate Committee on the Judiciary, I set Congress will ask for an inquiry. The from Drexel University. There were those meetings up with the FBI to gentlewoman from Georgia (Ms. about 20 of them, including representa- transfer information about al Qaeda MCKINNEY) wrote a letter to the chair- tive students from eight other nations. and Able Danger. So she is still there man of the Committee on Armed Serv- We talked about this. Of course we and she testified. ices asking for an investigation. We What we have here, I am convinced of have talked about all of the problem have from Republicans to Democrats, this now, is an aggressive attempt by countries in the world. We talk about left to right, conservatives to liberals. CIA management to cover up their own our values as a Nation, the need for a What is happening here is unaccept- shortcomings in not being able to do democracy to have people involved, to able. It is unimaginable. It is un-Amer- what the Able Danger team did: They have transparency, to have people who ican. All over the world tonight, young identified Mohammed Atta and the al respect the rule of law and the Con- Americans are wearing our uniforms. Qaeda cell of Brooklyn 1 year before stitution. They are doing a great job. They make 9/11. But even before that, as the story How do I tell them that is what is us all proud when we travel overseas. unfolds, you are going to hear the story working here, Mr. Speaker, when the They make us proud because of the that they also identified the threat to Pentagon says that these people who pride they have. When I talk to them, the USS Cole 2 weeks before the attack, simply want to tell the truth are not they say I am glad to be doing what I and 2 days before the attack were allowed? They are saying it is for clas- am doing. I am doing the right thing screaming not to let the USS Cole come sified purposes, yet the DOD lawyer on for our country. I will go any place the into the harbor at Yemen because they the Senate side there is nothing classi- Commander in Chief sends me. Wheth- knew something was about to happen. fied about any of the information. It is er I am in Afghanistan or Iraq, they Mr. Speaker, bad news never comes not about classified programs. I would will tell me that. easy; but in a democracy, the bad news be the last to want to see anything has to come out so we can make sure it classified revealed. I have seen many, b 2100 does not happen again. many instances where I have been Whether we are in Kosovo or Soma- Mr. Speaker, this whole thing start- given sensitive information that only a lia, they will tell us that. Whether we ed, not to embarrass anyone, this few people in the Congress and the are at Hurricane Katrina, whether we whole thing started because none of us country had. I would never reveal it. It are at Hurricane Andrew, or whether knew that Mohammed Atta was identi- is not about that. This is not about the we are out in California, the earth- fied before 9/11. It started because this DIA, this is not about the CIA, this is quake, or the Midwestern floods, our Congress, this body in particular, tried about CYA. It is about CYA by bureau- troops are all the same. They respect to establish what is now in place back crats in the Defense Intelligence Agen- our country. They respect our Con- in 1999, a national collaborative center, cy and possibly some political stitution. If we allow this travesty to but the CIA said we did not need it. operatives that do not want the facts continue, Mr. Speaker, then we have The American people deserve to have to come out about Able Danger and the let all of those people down for some the answers here. They deserve to information that the Able Danger team nameless, faceless bureaucrat who is know why 3,000 people died. They de- put together. And in the process, they fearful that the information will fi- serve to know what we could have done are going to destroy a man, a man who nally come to light, that the DIA just and should have done to better prepare has been recognized by his country, did not get it. ourselves and to work to prepare for who has a family, and who simply Back in 1999 and 2000, they did not the next incident. The American people wants to do the right thing. have a clue. They had millions of dol- need to know where those multiple Mr. Speaker, I hated to take the floor lars, hundreds of millions of dollars, terabytes of data is. Is it still being tonight, but I did not know what else and could not do what a 20-member used? We know in January of 2001, Gen- to do. We have committees of Congress team did in being able to identify Mo- eral Shelton was given a 3-hour brief- working on this. I want to thank the hammed Atta before the 9/11 attacks. ing on Able Danger. So even if they de- gentleman from Virginia (Mr. WOLF), DIA does not want that to come out, stroyed the data back in the summer of chairman of the FBI Appropriation Mr. Speaker. They do not want that to 2000, in January of 2001 there was Committee on Oversight. He is as out- come out. Heaven forbid the Defense enough material to give General raged as I am. I want to thank the gen- Intelligence Agency, with hundreds of Shelton, Commander of the Joint tleman from Wisconsin (Mr. SENSEN- millions of dollars, would have a 20- Chiefs, a 3-hour briefing. BRENNER), who is looking at this, and member team do what they could not

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8983 do because they were using new tech- is not Republicans or Democrats. It is which was thereupon signed by the nology and new software. They do not about what is fundamental to this Speaker: want that to come out. That is why country. I would ask our constituents H.R. 3971. An act to extend medicare cost- that Deputy Director, when he was at across America we represent to join us, sharing for qualifying individuals through that meeting, said, I do not want to see to express their outrage, to e-mail, September 2007, to extend transitional med- this. Do not show it to me. And that is make phone calls, write letters to the ical assistance and the program for absti- why today that Deputy Director is try- Secretary of Defense, the President of nence education through December 2005, to ing to ruin the career of Lieutenant the United States, to Members of Con- provide unemployment relief for States and individuals affected by Hurricane Katrina, Colonel Shaffer. gress to simply let the story be told. and for other purposes. The only way to resolve this, Mr. Let the Able Danger story finally come Speaker, is to have a full independent out to the American people. Let them f investigation by the Inspector General understand what really happened. Let SENATE ENROLLED BILLS SIGNED of the Pentagon. I have asked Sec- Scott Philpott talk. Let Tony Shaffer The SPEAKER announced his signa- retary Rumsfeld today to do that. I talk. Let the others who have been si- ture to enrolled bills of the Senate of would ask my colleagues on both sides lenced have a chance to tell their story the following titles: of the aisle to join me in that request. to Congress and openly to the Amer- Let the independent inspector for the ican people. In the end, the country S. 155. An act to adjust the boundary of Pentagon go in, not DIA. DIA cannot will be stronger. Rocky Mountain National Park in the State investigate itself. It does not have the of Colorado. f S. 156. An act to designate the Ojito Wil- capability to do that. It does not have derness Study Area as wilderness, to take the integrity to do that. Let the In- SPECIAL ORDERS GRANTED certain land into trust for the Pueblo of Zia, spector General do the investigation By unanimous consent, permission to and for other purposes. and while that is being done, protect address the House, following the legis- f Lieutenant Colonel Shaffer. He does lative program and any special orders not deserve to have his career ruined or heretofore entered, was granted to: BILL PRESENTED TO THE destroyed for telling the truth. (The following Members (at the re- PRESIDENT And while we are at it, Mr. Speaker, quest of Mr. MCDERMOTT) to revise and Jeff Trandahl, Clerk of the House re- if DIA is going to continue to press this extend their remarks and include ex- ports that an October 14, 2005, he rep- ridiculous set of facts, then as I said traneous material:) resented to the President of the United earlier, I want DIA prosecuted for the Mr. DEFAZIO, for 5 minutes, today. States, for his approval, the following five felonies they committed in sending Mr. BROWN of Ohio, for 5 minutes, bill. classified documents to a person that 2 today. H.R. 2360. Department of Homeland Secu- weeks earlier they said was incapable Ms. WOOLSEY, for 5 minutes, today. rity Appropriations Act, 2006. of receiving classified information. And Mr. EMANUEL, for 5 minutes, today. if this continues, I want DIA held re- f Mr. GEORGE MILLER of California, for sponsible for illegally transferring $500 5 minutes, today. ADJOURNMENT of public assets to a person, that in the Ms. SOLIS, for 5 minutes, today. process of sending that stuff to him, Mr. WELDON of Pennsylvania. Mr. Mr. CUMMINGS, for 5 minutes, today. DIA committed fraud against the tax- Speaker, I move that the House do now Mr. STUPAK, for 5 minutes, today. payers. I want them held accountable: adjourn. Mr. RYAN of Ohio, for 5 minutes, The motion was agreed to; accord- DIA’s stupidity; DIA’s incompetence. today. We have a new nominee for the head ingly (at 9 o’clock and 5 minutes p.m.), Mr. MARKEY, for 5 minutes, today. of DIA, and I am going to ask every the House adjourned until tomorrow, Mr. MEEHAN, for 5 minutes, today. Senator to fully explore each of these Thursday, October 20, 2005, at 10 a.m. Mr. MCDERMOTT, for 5 minutes, issues before that person is confirmed. today. f I will meet with every Senator person- Mr. BUTTERFIELD, for 5 minutes, ally and go over all of this information. EXECUTIVE COMMUNICATIONS, today. And I would encourage the Senators ETC. Ms. HERSETH, for 5 minutes, today. and the House Members to interview Under clause 8 of rule XII, executive (The following Members (at the re- the other people who worked with communications were taken from the quest of Mr. YOUNG of Florida) to re- Lieutenant Colonel Shaffer and to get Speaker’s table and referred as follows: vise and extend their remarks and in- their assessments of what is going on 4576. A letter from the Congressional Re- clude extraneous material:) there. They will all tell them the same view Coordinator, Animal and Plant Health Mr. BURTON of Indiana, for 5 minutes, thing: Shaffer is being abused and used Inspection Service, Department of Agri- today. as a scapegoat. If they can ruin culture, transmitting the Department’s final Mr. MORAN of Kansas, for 5 minutes, Shaffer, they can silence the story. rule — West Indian Fruit Fly; Regulated Ar- today. ticles [Docket No. 04-127-2] received October It cannot happen, Mr. Speaker. We (The following Member (at his own 4, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to cannot let it. That is not what America request) to revise and extend his re- the Committee on Agriculture. is about. That is not what we say to marks and include extraneous mate- 4577. A letter from the Congressional Re- our enlisted personnel when they sign rial:) view Coordinator, Animal and Plant Health up for duty. That is not what we say Inspection Service, Department of Agri- Mr. GOHMERT, for 5 minutes, today. when we pass our defense bills every culture, transmitting the Department’s final year. f rule — Mexican Fruit Fly; Quarantined This man is being maligned and mis- Areas and Treatments for Regulated Articles SENATE BILL REFERRED treated. He is being harassed. The most [Docket No. 02-129-5] received October 4, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- scurrilous accusations, totally un- A bill of the Senate of the following title was taken from the Speaker’s mittee on Agriculture. founded, have been given to the Amer- 4578. A letter from the Under Secretary, ican media; and I will name names, and table and, under the rule, referred as Food, Nutrition, and Consumer Services, De- I will ask for an investigation of the follows: partment of Agriculture, transmitting the people who made those statements to S. 1886. An act to authorize the transfer of Department’s final rule — Commodity Sup- these media people because it all needs naval vessels to certain foreign recipients; to plemental Food Program — Plain Language, to be put on the record. the Committee on International Relations. Program Accountability, and Program Flexi- bility (RIN: 0584-AC84) received August 23, And as someone tomorrow who will f chair another hearing on our defense 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the ENROLLED BILL SIGNED Committee on Agriculture. oversight to try to get the best value 4579. A letter from the Congressional Re- for the dollars for our military, I ask Mr. Trandahl, Clerk of the House, re- view Coordinator, Animal and Plant Health all of our colleagues, Mr. Speaker, on ported and found truly enrolled a bill Inspection Service, Department of Agri- both sides of the aisle to join us. This of the House of the following title, culture, transmitting the Department’s final

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB H8984 CONGRESSIONAL RECORD — HOUSE October 19, 2005 rule — Asian Longhorned Beetle; Removal of the Department of the Navy, Case Number 4601. A letter from the Executive Director, Regulated Areas [Docket No. 05-011-2] re- 04-02, pursuant to 31 U.S.C. 1517(b); to the Commission on Federal Election Reform, ceived August 23, 2005, pursuant to 5 U.S.C. Committee on Appropriations. transmitting the Commission’s report enti- 801(a)(1)(A); to the Committee on Agri- 4590. A letter from the Under Secretary for tled, ‘‘Building Confidence in U.S. Election: culture. Acquisition, Technologyand Logistics, De- The Report of the Commission on Federal 4580. A letter from the Congressional Re- partment of Defense, transmitting revisions Election Reform’’; to the Committee on view Coordinator, Animal and Plant Health to the National Defense Stockpile Annual House Administration. Inspection Service, Department of Agri- Materials Plan (AMP) for fiscal year 2006, 4602. A letter from the Secretary, Depart- culture, transmitting the Department’s final pursuant to 50 U.S.C. 98d; to the Committee ment of the Interior, transmitting a progress rule — Brucellosis in Swine; Add Florida to on Armed Services. report on the Department’s continuing effort List of Validated Brucellosis-Free States 4591. A letter from the Assistant to the to provide an historical accounting for indi- [Docket No. 05-009-2] received August 23, 2005, Secretary, Nuclear and Chemical and Bio- vidual Indian monies; to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- logical Defense Programs, Department of De- Resources. mittee on Agriculture. fense, transmitting revisions to the 4603. A letter from the Under Secretary for 4581. A letter from the Congressional Re- Counterproliferation Program Review Com- Emergency Preparedness and Response, De- view Coordinator, Animal and Plant Health mittee report entitled, ‘‘Report on Activities partment of Homeland Security, transmit- Inspection Service, Department of Agri- and Programs for Countering Proliferation ting notification that funding under Title V, culture, transmitting the Department’s final and NBC Terrorism’’; to the Committee on subsection 503(b)(3) of the Robert T. Stafford rule — Noxious Weed Control and Eradi- Armed Services. Disaster Relief and Emergency Assistance cation Act; Delegation of Authority [Docket 4592. A letter from the Assistant General Act, as amended, has exceeded $5 million for No. 05-012-1] received September 27, 2005, pur- Counsel, Division of Regulatory Services, the response to the emergency declared as a suant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Education, transmitting the result the influx of evacuees from areas mittee on Agriculture. Department’s final rule — Safe and Drug- struck by Hurricane Katrina beginning on 4582. A letter from the Administrator, Ag- Free Schools Programs, Final Priority and August 29, 2005 in the State of Texas, pursu- ricultural Marketing Service, Fruit and Other Application Requirements — received ant to 42 U.S.C. 5193; to the Committee on Vegtable Programs, Department of Agri- August 11, 2005, pursuant to 5 U.S.C. Transportation and Infrastructure. culture, transmitting the Department’s final 801(a)(1)(A); to the Committee on Education 4604. A letter from the Assistant Secretary rule — Marketing Order Regulating the Han- and the Workforce. of the Army, Civil Works, Department of the dling of Spearmint Oil Produced in the Far 4593. A letter from the Assistant General Army, transmitting a legislative proposal re- West; Revision of the Salable Quantity and Counsel, Division of Regulatory Services, garding the Civil Works program of the Allotment Percentage for Class 1 (Scotch) Department of Education, transmitting the Army Corps of Engineers; to the Committee and Class 3 (Native) Spearmint Oil for 2005- Department’s final rule — Innovation for on Transportation and Infrastructure. 2006 Marketing Year [Docket No. FV05-985-2 Teacher Quality (RIN: 1855-AA04) received 4605. A letter from the Assistant Secretary, IFR] received September 27, 2005, pursuant to July 1, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); Civil Works, Department of the Army, trans- 5 U.S.C. 801(a)(1)(A); to the Committee on to the Committee on Education and the mitting the Department’s status report on Agriculture. Workforce. the Great Lakes Tributary Model required 4583. A letter from the Administrator, Ag- 4594. A letter from the Assistant General by Section 516(e-g) of the Water Resources ricultural Marketing Service, Fruit and Counsel, Division of Regulatory Services, Development Act; to the Committee on Vegtable Programs, Department of Agri- Department of Education, transmitting the Transportation and Infrastructure. culture, transmitting the Department’s final Department’s final rule — Alcohol and Other 4606. A letter from the Secretary, Depart- rule — Nectarines and Peaches Grown in Drug Prevention Models on College Cam- ment of Transportation, transmitting the California; Increased Assessment Rates puses — received August 11, 2005, pursuant to Administration’s March 2005 report to Con- [Docket No. FV05-916-3 FR] received Sep- 5 U.S.C. 801(a)(1)(A); to the Committee on gress entitled, ‘‘Use of Dedicated Trains for tember 27, 2005, pursuant to 5 U.S.C. Education and the Workforce. Transportation of High-Level Radioactive 801(a)(1)(A); to the Committee on Agri- 4595. A letter from the Assistant Secretary, Waste and Spent Nuclear Fuel,’’ pursuant to culture. Office of Vocational and Adult Education, Public Law 101–615, section 15; to the Com- 4584. A letter from the Administrator, Ag- Department of Education, transmitting the mittee on Transportation and Infrastruc- ricultural Marketing Service, Fruit and Department’s final rule — Community Tech- ture. Vegtable Programs, Department of Agri- nology Centers Program — September 20, 4607. A letter from the Chief, Regulations culture, transmitting the Department’s final 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Unit, Internal Revenue Service, transmitting rule — Amendment to the Peanut Pro- Committee on Education and the Workforce. the Service’s final rule — Determination of motion, Research, and Information Order 4596. A letter from the Secretary, Depart- Amount of Original Issue Discount (Rev. [FV-05-701-IFR] received September 27, 2005, ment of Energy, transmitting the Depart- Rul. 2005-47) received August 10, 2005, pursu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ment’s Annual Report on Federal Govern- ant to 5 U.S.C. 801(a)(1)(A); to the Committee mittee on Agriculture. ment Energy Management and Conservation on Ways and Means. 4585. A letter from the Administrator, Ag- Programs during Fiscal Year 2003, pursuant 4608. A letter from the Chief, Regulations ricultural Marketing Services, Department to 42 U.S.C. 6361(c); to the Committee on En- Unit, Internal Revenue Service, transmitting of Agriculture, transmitting the Depart- ergy and Commerce. the Service’s final rule — Changes in ac- ment’s final rule — Milk in the Mideast Mar- 4597. A letter from the Secretary, Federal counting periods and in methods of account- keting Area; Interim Order Amending the Trade Commission, transmitting the Report ing. (Rev. Proc. 2005-47) received August 10, Order [Docket No. AO-166-A39; DA-05-01-A] to Congress for 2003 pursuant to the Federal 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the received September 27, 2005, pursuant to 5 Cigarette Labeling and Advertising Act, pur- Committee on Ways and Means. U.S.C. 801(a)(1)(A); to the Committee on Ag- suant to 15 U.S.C. 1337(b); to the Committee 4609. A letter from the Chief, Regulations riculture. on Energy and Commerce. Unit, Internal Revenue Service, transmitting 4586. A letter from the Agricultural Mar- 4598. A letter from the Acting Assistant the Service’s final rule — Value of Life In- keting Agency, Science and Technology Pro- Secretary for Legislative Affairs, Depart- surance Contracts when Distributed from a grams, Department of Agriculture, transmit- ment of State, transmitting the President’s Qualified Retirement Plan [TD 9223] (RIN: ting the Department’s final rule — Plant Va- determination and certification for Fiscal 1545-BC20) received September 1, 2005, pursu- riety Protection Office, Fee Increase [Doc. Year 2006 under Section 102(a)(2) of the Arms ant to 5 U.S.C. 801(a)(1)(A); to the Committee No. ST-05-02] (RIN: 0581-AC42) received Sep- Export Control Act, pursuant to 22 U.S.C. on Ways and Means. tember 27, 2005, pursuant to 5 U.S.C. 2799aa–2; to the Committee on International 4610. A letter from the Chief, Publications 801(a)(1)(A); to the Committee on Agri- Relations. and Regulations Branch, Internal Revenue culture. 4599. A letter from the Acting Assistant Service, transmitting the Service’s final rule 4587. A letter from the Comptroller, De- Secretary for Legislative Affairs, Depart- — Returns Prepared For or Executed by Sec- partment of Defense, transmitting a report ment of State, transmitting notification of retary (Rev. Rul. 2005-59) received September of a violation of the Antideficiency Act by an Accountability Review Board to examine 8, 2005, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department of the Navy, Case Number the facts and the circumstances of the loss of the Committee on Ways and Means. 04-06, pursuant to 31 U.S.C. 1517(b); to the life at a U.S. mission abroad and to report 4611. A letter from the Chief, Publications Committee on Appropriations. and make recommendations, pursuant to 22 and Regulations Branch, Internal Revenue 4588. A letter from the Comptroller, De- U.S.C. 4834(d)(1); to the Committee on Inter- Service, transmitting the Service’s final rule partment of Defense, transmitting a report national Relations. — Determination of Interest Rate (Rev. Rul. of a violation of the Antideficiency Act by 4600. A letter from the NSPS Senior Execu- 2005-62) received September 8, 2005, pursuant the Department of the Navy, Case Number tive, Department of Defense, transmitting to 5 U.S.C. 801(a)(1)(A); to the Committee on 04-05, pursuant to 31 U.S.C. 1517(b); to the comments on proposed regulations for the Ways and Means. Committee on Appropriations. National Security Personnel System from 4612. A letter from the Acting Chief, Publi- 4589. A letter from the Comptroller, De- unions representing Department of Defense cations and Regulations Branch, Internal partment of Defense, transmitting a report employees; to the Committee on Govern- Revenue Service, transmitting the Service’s of a violation of the Antideficiency Act by ment Reform. final rule — Additional Relief for Certain

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB October 19, 2005 CONGRESSIONAL RECORD — HOUSE H8985 Employee Benefit Plans as a Result of Hurri- 4623. A letter from the Fiscal Assistant along the southern border of the United cane Katrina [Notice 2005-60] received Sep- Secretary, Department of the Treasury, States; to the Committee on Homeland Secu- tember 23, 2005, pursuant to 5 U.S.C. transmitting the Department’s March 2005 rity. 801(a)(1)(A); to the Committee on Ways and ‘‘Treasury Bulletin,’’ pursuant to 26 U.S.C. By Mr. HERGER: Means. 9602(a); jointly to the Committees on Ways H.R. 4084. A bill to amend the Forest Serv- 4613. A letter from the Acting Chief, Publi- and Means, Transportation and Infrastruc- ice use and occupancy permit program to re- cations and Regulations Branch, Internal ture, Resources, Energy and Commerce, Edu- store the authority of the Secretary of Agri- Revenue Service, transmitting the Service’s cation and the Workforce, and Agriculture. culture to utilize the special use permit fees final rule — Last-in, first-out inventories. collected by the Secretary in connection (Rev. Rul. 2005-45) received August 11, 2005, f with the establishment and operation of ma- rinas in units of the National Forest System pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- PUBLIC BILLS AND RESOLUTIONS mittee on Ways and Means. derived from the public domain, and for 4614. A letter from the Acting Chief, Publi- Under clause 2 of rule XII, public other purposes; to the Committee on Agri- cations and Regulations Branch, Internal bills and resolutions were introduced culture, and in addition to the Committee on Revenue Service, transmitting the Service’s and severally referred, as follows: Resources, for a period to be subsequently determined by the Speaker, in each case for final rule — Converting an IRA Annuity to a By Mrs. MALONEY: ROTH IRA [TD 9220] (RIN: 1545-BE66) re- consideration of such provisions as fall with- H.R. 4077. A bill to provide additional fund- in the jurisdiction of the committee con- ceived August 23, 2005, pursuant to 5 U.S.C. ing to prevent sexual assaults in the mili- 801(a)(1)(A); to the Committee on Ways and cerned. tary; to the Committee on Armed Services. By Ms. HOOLEY: Means. By Mr. NORWOOD (for himself and Mr. 4615. A letter from the Acting Chief, Publi- H.R. 4085. A bill to amend the Elementary WHITFIELD): cations and Regulations Branch, Internal and Secondary Education Act of 1965 to im- H.R. 4078. A bill to amend part B of title Revenue Service, transmitting the Service’s prove certain accountability and assessment XVIII of the Social Security Act to establish final rule — Examination of returns and provisions; to the Committee on Education a floor for Medicare physician payment rates claims for refund, credit or abatement; de- and the Workforce. for 2006 at the level for 2005; to the Com- termination of tax liability (Rev. Proc. 2005- By Mr. JINDAL: mittee on Energy and Commerce, and in ad- H.R. 4086. A bill to amend the Internal Rev- 64) received August 23, 2005, pursuant to 5 dition to the Committee on Ways and Means, enue Code of 1986 to provide a tax credit for U.S.C. 801(a)(1)(A); to the Committee on for a period to be subsequently determined health insurance costs of eligible disaster re- Ways and Means. by the Speaker, in each case for consider- 4616. A letter from the Acting Chief, Publi- lief recipients; to the Committee on Ways ation of such provisions as fall within the ju- cations and Regulations Branch, Internal and Means. risdiction of the committee concerned. Revenue Service, transmitting the Service’s By Ms. NORTON (for herself and Mr. By Mr. SULLIVAN (for himself, Mr. final rule — Administrative, Procedural, and TOM DAVIS of Virginia): BURTON of Indiana, Mr. TANCREDO, H.R. 4087. A bill to permit nonjudicial em- Miscellaneous (Rev. Proc. 2005-66) received Mr. HAYWORTH, Mr. GOODE, Mr. JONES ployees of the District of Columbia courts, September 1, 2005, pursuant to 5 U.S.C. of North Carolina, Mr. HEFLEY, and employees transferred to the Pretrial Serv- 801(a)(1)(A); to the Committee on Ways and Mr. GARRETT of New Jersey): ices, Parole, Adult Probation, and Offender Means. Supervision Trustee, and employees of the 4617. A letter from the Chairman, Inter- H.R. 4079. A bill to reduce the number of District of Columbia Public Defender Service national Trade Commission, transmitting visa overstays and to ensure that illegal to have periods of service performed prior to the Commission’s report on investigation aliens are apprehended, detained, and re- the enactment of the Balanced Budget Act of No. TA-204-12, entitled, ‘‘Steel: Evaluation of moved as rapidly as possible; to the Com- mittee on the Judiciary, and in addition to 1997 included as part of the years of service the Effectiveness of Import Relief,’’ pursuant used to determine the time at which such to 19 U.S.C. 2254(d)(3); to the Committee on the Committee on Homeland Security, for a period to be subsequently determined by the employees are eligible to retire under chap- Ways and Means. ter 84 of title 5, United States Code, and for 4618. A letter from the Chairman, United Speaker, in each case for consideration of other purposes; to the Committee on Govern- States International Trade Commission, such provisions as fall within the jurisdic- ment Reform. transmitting the eleventh annual report on tion of the committee concerned. By Mr. PALLONE: the Andean Trade Preference Act (ATPA) en- By Mrs. CUBIN (for herself, Mr. OSBORNE, Mr. FORTENBERRY, and Mr. H.R. 4088. A bill to impose limitations on titled ‘‘Impact on U.S. Industries and Con- the use of eminent domain for purposes of sumers and on Drug Crop Eradication and TERRY): H.R. 4080. A bill to extend the contract for economic development; to the Committee on Crop Substitution,’’ pursuant to 19 U.S.C. the Judiciary, and in addition to the Com- 3204; to the Committee on Ways and Means. the Glendo Unit of the Missouri River Basin Project in the State of Wyoming; to the mittee on Financial Services, for a period to 4619. A letter from the Under Secretary for be subsequently determined by the Speaker, Personnel and Readiness, Department of De- Committee on Resources. By Mr. GARRETT of New Jersey: in each case for consideration of such provi- fense, transmitting the Department’s notifi- sions as fall within the jurisdiction of the cation to Congress of determinations that in- H.R. 4081. A bill to ensure that emergency appropriation funds for hurricane assistance committee concerned. stitutions of higher education have a policy IMMONS, relief are used only for individuals in af- By Mr. POE (for himself, Mr. S or practice of denying military recruiting Mr. MCCOTTER, Mr. GOODE, Mr. fected areas; to the Committee on Transpor- personnel entry to campuses, access to stu- TERRY, Mr. PETRI, Mr. SAM JOHNSON tation and Infrastructure. dents on campus, or access to student re- of Texas, Mr. MCHENRY, Mr. WAMP, By Ms. HART (for herself, Mr. NEAL of cruiting information, pursuant to 10 U.S.C. Mr. FEENEY, Mr. CHABOT, Mr. GUT- Massachusetts, Mr. REYNOLDS, Mr. 983; jointly to the Committees on Armed KNECHT, Mr. RYAN of Wisconsin, Mr. ENGLISH of Pennsylvania, Mr. Services and Education and the Workforce. NEUGEBAUER, Mr. SODREL, Mr. 4620. A letter from the Inspector General, HAYWORTH, and Mr. GERLACH): CULBERSON, Mr. PITTS, Mr. AKIN, Mr. Department of Health and Human Services, H.R. 4082. A bill to permit biomedical re- FORTUN´ O, Mr. FLAKE, Mr. PENCE, Mr. transmitting a report on the adequacy of re- search corporations to engage in certain HENSARLING, and Mr. WELDON of Flor- financings and other transactions without imbursement rate under the new method- ida): incurring limitations on net operating loss ology for Medicare reimbursement of drugs H.R. 4089. A bill to require Government carryforwards and certain built-in losses, and biologicals, pursuant to 42 U.S.C. 1395w– credit card bills to be made available to the 3a note Public Law 108–173, section and for other purposes; to the Committee on public, and for other purposes; to the Com- 303(c)(3)(B); jointly to the Committees on Ways and Means. mittee on Government Reform. By Mr. GOODE (for himself, Mr. Energy and Commerce and Ways and Means. By Mr. MCCRERY: 4621. A letter from the Secretary, Depart- HUNTER, Mr. GINGREY, Mr. H. Res. 501. A resolution providing for the ment of Health and Human Services, trans- HAYWORTH, Mr. ROGERS of Alabama, concurrence by the House with amendments mitting the Administration’s draft proposal Ms. FOXX, Mr. BARRETT of South in the amendment of the Senate to H.R. 3971; that would protect and strengthen the fi- Carolina, Mr. JONES of North Caro- considered and agreed to. nancing of the Medicare program, as de- lina, Mr. GARRETT of New Jersey, Mr. By Mr. LATOURETTE (for himself and scribed in the President’s fiscal year 2006 TANCREDO, Mr. NORWOOD, Mr. DEAL of Mr. RYAN of Ohio): Budget; jointly to the Committees on Energy Georgia, Mr. DAVIS of Kentucky, Mr. H. Res. 502. A resolution expressing the and Commerce and Ways and Means. SULLIVAN, Mr. BROWN of South Caro- sense of the House of Representatives with 4622. A letter from the Secretary, Depart- lina, Mr. WILSON of South Carolina, respect to the senseless and unwarranted ment of Health and Human Services, trans- Mr. SAM JOHNSON of Texas, Mr. criminal prosecution of 2nd Lt. Erick J. An- mitting a waiver of certain Medicare, Med- CULBERSON, Mr. POE, Mr. CARTER, Mr. derson, United States Army; to the Com- icaid, and State Children’s Health Insurance ROHRABACHER, Mr. RADANOVICH, Mr. mittee on Armed Services. Program Requirements, pursuant to 42 HOSTETTLER, Mr. SESSIONS, and Mr. By Mr. MCCOTTER: U.S.C. 1320b–5 Public Law 107–188, section KING of Iowa): H. Res. 503. A resolution condemning the 143(a)(1135)(f); jointly to the Committees on H.R. 4083. A bill to direct the Secretary of actions taken by the Government of Cam- Ways and Means and Energy and Commerce. Homeland Security to construct a fence eroon against Henry Fossung and others, and

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for other purposes; to the Committee on H.R. 2259: Ms. BERKLEY. H.R. 3910: Mr. AKIN. International Relations. H.R. 2335: Mr. TANNER and Mr. SOUDER. H.R. 3931: Mr. DAVIS of Florida, Mr. ENGEL, f H.R. 2337: Mr. RENZI. Mr. PRICE of North Carolina, Mr. CLYBURN, H.R. 2357: Mr. SCHWARZ of Michigan. Mr. CLAY, and Mr. LOBIONDO. MEMORIALS H.R. 2391: Mr. CONYERS and Mr. H.R. 3938: Mr. ROYCE and Mr. MARCHANT. BLUMENAUER. Under clause 3 of rule XII, memorials H.R. 3943: Mr. MILLER of Florida, Mr. H.R. 2410: Mr. NEAL of Massachusetts. ISTOOK, Mr. COBLE, and Mr. DENT. were presented and referred as follows: H.R. 2567: Mr. FRELINGHUYSEN and Mr. H.R. 3944: Mr. BOEHLERT. 180. The SPEAKER presented a memorial ROTHMAN. H.R. 3947: Mr. UPTON. of the Legislature of the State of Texas, rel- H.R. 2646: Mr. BASS. ative to House Concurrent Resolution No. 15, H.R. 2694: Mr. THOMPSON of Mississippi. H.R. 3957: Mr. DICKS and Mr. GREEN of Wis- urging the Congress of the United States to H.R. 2717: Mr. LANGEVIN, Mr. GENE GREEN consin. support the American Veterans Home Own- of Texas, Ms. MILLENDER-MCDONALD, Mr. H.R. 3974: Mr. BERRY, Mr. BARROW, and Mr. ership Act of 2005; to the Committee on Ways TOWNS, Mr. SERRANO, and Mrs. EMERSON. MCCAUL of Texas. and Means. H.R. 2793: Mr. PETERSON of Minnesota, Mr. H.R. 3979: Mr. GIBBONS. LARSEN of Washington, Mr. FILNER, and Mr. H.R. 3985: Mr. PAUL and Mr. FORTUN˜ O. f THORNBERRY. H.R. 4008: Mr. DUNCAN, Mr. SALAZAR, Mr. ADDITIONAL SPONSORS H.R. 2803: Mr. WILSON of South Carolina. ABERCROMBIE, and Mr. BURTON of Indiana. H.R. 2842: Mr. WELDON of Florida. Under clause 7 of rule XII, sponsors H.R. 4023: Mr. BURTON of Indiana, Mrs. H.R. 2892: Mr. DAVIS of Kentucky and Mr. EMERSON, Mr. ENGLISH of Pennsylvania, Mr. were added to public bills and resolu- FILNER. Gonzalez, Mr. HALL, Mr. HINOJOSA, Mr. tions as follows: H.R. 2989: Ms. BERKLEY. KUCINICH, Mr. MEEKS of New York, Mr. H.R. 37: Mr. FITZPATRICK of Pennsylvania. H.R. 3096: Mr. BAIRD and Mr. MCGOVERN. MICHAUD, Mr. SANDERS, Ms. LINDA T. H.R. 278: Mr. FEENEY. H.R. 3137: Mr. BLUNT, Mr. SHIMKUS, Mrs. SA´ NCHEZ of California, Mr. STRICKLAND, Mr. H.R. 303: Mr. RENZI. BLACKBURN, Mr. BRADY of Texas, Mr. WYNN, Mr. LEVIN, Mr. BACA, Mr. PAYNE, Ms. H.R. 475: Mr. SHAYS. MCCRERY, Mr. ROHRABACHER, and Mr. WICK- LEE, Mr. SKELTON, and Ms. VELA´ ZQUEZ. ER. H.R. 503: Mr. AL GREEN of Texas. H.R. 4049: Mr. HONDA. H.R. 3146: Mr. LANGEVIN. H.R. 515: Mr. ENGLISH of Pennsylvania. H.J. Res. 54: Mr. GARRETT of New Jersey. H.R. 551: Mr. DAVIS of Illinois. H.R. 3147: Mr. MILLER of Florida. H.R. 3174: Mr. REYES. H.J. Res. 55: Mr. MEEKS of New York. H.R. 567: Mr. LIPINSKI. H.R. 3273: Mr. GILCHREST. H. Con. Res. 10: Mr. FRANK of Massachu- H.R. 596: Mrs. SCHMIDT. H.R. 3301: Mr. POMBO. setts. H.R. 698: Mr. BARRETT of South Carolina, H.R. 3333: Mr. BEAUPREZ. H. Con. Res. 174: Mr. PICKERING. Mrs. MUSGRAVE, and Mr. MCHUGH. H.R. 3361: Mr. BERMAN. H. Con. Res. 190: Mr. PENCE, Ms. ROS- H.R. 756: Mr. FITZPATRICK of Pennsylvania. H.R. 3505: Mr. SOUDER. LEHTINEN, and Mr. ISSA. H.R. 856: Mr. PLATTS. H.R. 3520: Ms. GINNY BROWN-WAITE of Flor- H. Con. Res. 231: Mr. UDALL of Colorado H.R. 874: Mr. PUTNAM. ida and Ms. CARSON. and Mr. DEFAZIO. H.R. 896: Mr. BUTTERFIELD. H.R. 3555: Mr. CROWLEY and Mr. SCOTT of H. Con. Res. 251: Mr. SCHWARZ of Michigan, H.R. 923: Mr. MARCHANT, Mr. HALL, Mr. Virginia. Mr. PASTOR, Mr. MILLER of Florida, and Mr. FORD, Mr. MILLER of Florida, and Mr. BISHOP H.R. 3561: Mr. FALEOMAVAEGA, Ms. CONAWAY. of Georgia. HERSETH, Ms. NORTON, Ms. MILLENDER- H.R. 949: Mr. CASTLE. H. Con. Res. 252: Mr. DREIER, Mr. OXLEY, MCDONALD, Mr. FILNER, and Mrs. MALONEY. and Mr. KOLBE. H.R. 983: Mr. BLUMENAUER. H.R. 3630: Mr. SCHWARZ of Michigan. H. Res. 85: Mr. DUNCAN and Mr. WHITFIELD. H.R. 1059: Mr. DINGELL. H.R. 3664: Mr. THOMPSON of Mississippi. H. Res. 447: Mr. CONYERS. H.R. 1227: Mr. SCHWARZ of Michigan, Mr. H.R. 3684: Mrs. BLACKBURN. GILCHREST, and Mr. KING of New York. H.R. 3698: Ms. BERKLEY, Ms. ROYBAL-AL- H. Res. 477: Ms. DELAURO and Mr. KILDEE. H.R. 1245: Mr. FRELINGHUYSEN. LARD, Mr. BISHOP of Georgia, and Mr. HONDA. H. Res. 485: Mr. SNYDER, Mr. ORTIZ, Mr. PE- H.R. 1298: Mr. DOYLE. H.R. 3711: Ms. WASSERMAN SCHULTZ and Ms. TERSON of Minnesota, and Mr. CONYERS. H.R. 1498: Mr. SALAZAR, Mr. CLAY, Mr. LEE. H. Res. 499: Mr. EVANS. WOLF, Mr. BISHOP of New York, and Mr. H.R. 3717: Mr. RUPPERSBERGER, Mr. BART- LOBIONDO. LETT of Maryland, Mrs. SCHMIDT, Mr. f H.R. 1597: Mr. ANDREWS. MCKEON, and Mr. JINDAL. H.R. 1615: Ms. LINDA T. SAN´ CHEZ of Cali- H.R. 3752: Mr. THOMPSON of Mississippi. fornia. H.R. 3774: Ms. CORRINE BROWN of Florida, PETITIONS, ETC. H.R. 1631: Mr. COSTA. Mr. EVANS, and Mr. BERMAN. Under clause 3 of rule XII, petitions H.R. 1688: Mr. MILLER of North Carolina. H.R. 3776: Mr. SHADEGG and Mr. GOODE. and papers were laid on the clerk’s H.R. 1736: Mrs. KELLY. H.R. 3806: Mr. SHADEGG. H.R. 1951: Mr. PORTER, Mr. MARKEY, Mr. H. R. 3858: Mr. WU, Mr. TIERNEY, Mr. LEWIS desk and referred as follows: SESSIONS, and Mr. OBERSTAR. of Georgia, Ms. EDDIE BERNICE JOHNSON of 73. The SPEAKER presented a petition of H.R. 1952: Mrs. MALONEY. Texas, Mr. EVANS, Mr. SCHWARZ of Michigan, the City of Evanston, Illinois, relative to H.R. 1973: Mr. FARR. Mrs. LOWEY, and Ms. WATSON. Resolution No. 50–R–05, urging the return of H.R. 2045: Mr. UPTON. H.R. 3870: Mr. INGLIS of South Carolina. United States Troops from Iraq; which was H.R. 2051: Mr. BURGESS, Ms. JACKSON-LEE H.R. 3889: Mrs. CUBIN, Mr. CHABOT, Mr. SIM- referred to the Committee on International of Texas, Mr. MCHUGH, and Mr. LEVIN. MONS, and Mr. SHADEGG. Relations.

VerDate Aug 31 2005 02:19 Jan 21, 2006 Jkt 000000 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 D:\FIX-CR\H19OC5.REC H19OC5 mmaher on PRODPC24 with $$_JOB E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 109 CONGRESS, FIRST SESSION

Vol. 151 WASHINGTON, WEDNESDAY, OCTOBER 19, 2005 No. 133 Senate The Senate met at 9:30 a.m. and was RECOGNITION OF THE MAJORITY thing, and that is prioritizing. I thank called to order by the President pro LEADER and commend the committees and tempore (Mr. STEVENS). The PRESIDENT pro tempore. The their chairs and ranking members—the majority leader is recognized. HELP Committee, the Banking Com- PRAYER mittee, the Environment and Public f The Chaplain, Dr. Barry C. Black, of- Works Committee—for their success fered the following prayer: SCHEDULE yesterday in meeting those goals set Let us pray. Mr. FRIST. Mr. President, this morn- out in the budget. I thank the chair- Eternal Spirit, who seeks and finds ing we will start with a 60-minute pe- men and the committee members for us, let Your light shine on us today. riod for morning business. Following their tremendous progress to date. May its bright beams provide us with that time, at approximately 10:45 or so, f we will return to the pending business, answers to our questions, assurances SADDAM HUSSEIN TRIAL for our doubts, strength for our weak- which is the Transportation-Treasury- ness, and vision for our duty. HUD appropriations bill. We expect to Mr. FRIST. Mr. President, today be- Illuminate the path of our Senators have two votes in relation to the min- gins what is no less than the trial of with the clarity of Your wisdom, so imum wage issue today. I hope we can the century, the trial of Saddam Hus- that whatever they say or do will bring schedule those votes early. sein. honor to You. We need to make substantial For the first time in recent history, a Make our lives shining lights of Your progress on the underlying bill today, former leader will stand before his own goodness that people will see our faith- and I hope we can get back to amend- people to be judged and tried for his ful labors and glorify Your name. Help ments pertaining to matters within the crimes against humanity. For the first us to live to bless others. scope of the bill. The two managers time, the Iraqi people will hear and We pray in the Spirit of Him who is have been on the floor since Monday, watch the ‘‘Butcher of Baghdad’’ an- the light of the world. Amen. and I know they are prepared to bring swer for 23 years of terror. this bill to a close as soon as possible. Saddam’s crimes are surpassed only f I would reiterate again that we will by the Rwandan genocide, Pol Pot’s PLEDGE OF ALLEGIANCE finish this bill this week, with votes on killing fields, and the tyrannies of Hit- Friday if necessary. ler, Mao, Stalin, and Kim Jong Il. The PRESIDENT pro tempore led the In addition to the Transportation- Egyptians, Kuwaitis, and Iranians Pledge of Allegiance, as follows: Treasury appropriations bill, we con- were put to death simply because he I pledge allegiance to the Flag of the tinue to move forward with resolve to decreed so. Saddam killed Kurds be- United States of America, and to the Repub- cause of their ethnicity. And he killed lic for which it stands, one nation under God, meet our overall governing responsibil- indivisible, with liberty and justice for all. ities. Given the significant, unexpected Shiites because of their religion, expenditures for Katrina, the Senate Sunnis for their political views. Even f will meet the challenge of making babies and toddlers fell victim to the RESERVATION OF LEADER TIME tough choices about spending prior- firing squad. ities. Most of my days, and the days of As Prime Minister al-Jafari said yes- The PRESIDENT pro tempore. Under my leadership colleagues, have been terday, there will be no tears for Sad- the previous order, the leadership time spent in helping pull people together, dam Hussein. But most surely, there is reserved. in making those tough choices which will be tears for the hundreds of thou- f are focused on restraining Government sands of lives he crushed and destroyed spending. with utter ruthlessness. MORNING BUSINESS That does start at home in this body. The trial of Saddam will reveal to The PRESIDENT pro tempore. Under Thus, yesterday the Senate overwhelm- the Iraqis and to the world the full ex- the previous order, there will be a pe- ingly voted to eliminate congressional tent of his brutality. And as the crimes riod for the transaction of morning pay raises. I believe that was an appro- are tallied and recorded, he will face business for up to 60 minutes, with the priate action. It shows we are serious the full judgment of the people and the first half of the time under the control as we look for savings throughout the uncompromising judgment of history. of the Democratic leader or his des- Government, and it starts at home in I am confident justice will be served ignee and the second half of the time this body. and that Saddam and his henchmen under the control of the Republican Eight committees of the Senate are will be treated fairly and appro- leader or his designee. hard at work doing the exact same priately. And I am hopeful the process

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S11503

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VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11504 CONGRESSIONAL RECORD — SENATE October 19, 2005 will be an opportunity for the Iraqi was an important step forward and one rived and asking of this administra- people to experience some measure of that I applaud. The government that tion, now that he is standing trial: How catharsis and closure on a dark and may now emerge needs to build legit- much longer will we be standing trial terrible chapter in their history. imacy in Iraq and with its neighbors. It in Iraq as we wait for the outcome each I commend them for their courage to needs to take back control of its coun- day of the bloody fighting? restrain the desire for vengeance and try from insurgency, chaos, and law- What has changed since May of 2003 to commit to the rule of law. It cannot lessness so that American troops can is that the costs of the war have risen, be easy. Saddam’s abuse ran deep and come home. are still climbing; the trust the Amer- ran wide. But by granting him a fair Iraq cannot succeed if the Sunnis— ican people have placed in the Presi- trial—an opportunity to answer the one in five of the Iraqis—feel dent has been shaken. What has also charges—the Iraqi people are showing disenfranchised and alienated. It is a changed is, while the cost of war con- that Saddam’s brutality was born of challenge to their leaders to put to- tinues to grow, the alleged justifica- his nature and not theirs. gether a government now that truly re- tions for the war have multiplied, and Cicero once said: flects their country, to build not just a the clarity of our purpose has dimin- Let us remember that justice must be ob- coalition of tribes but a nation. This ished dramatically. This is a terrible served even to the lowest. must happen because the cost of de- and tragic combination. Saddam was a monster. That is true. Today, let it be said that justice will stroying and now replacing the gov- erning regime in Iraq has been so cost- But we must never forget that of all be observed even by the once mighty. the many reasons given to us by this Mr. President, I yield the floor. ly. administration to invade Iraq, the evil f Saturday was a good day in Iraq, for sure. But the elections last January 30 nature of Saddam was the only one RECOGNITION OF THE ACTING also represented a good day for Iraq, that has proven true. Except for the MINORITY LEADER and 543 Americans have lost their lives brutality of Saddam Hussein—as bad as The PRESIDENT pro tempore. The in Iraq since that election last Janu- it was, as horrible as it was—all the acting Democratic leader is recognized. ary. Mr. President, 15,063 American other reasons for going to war the ad- Mr. DURBIN. Thank you, Mr. Presi- service men and women have been ministration put forth turned out not to be accurate. There were no weapons dent. wounded in Iraq, and 1,979 Americans of mass destruction. We still, many have been killed. We are closing in on f years later, have found no evidence of that awesome figure of 2,000 of our best IRAQ AND THE INTERNATIONAL that claim, made over and over and and bravest soldiers having given their STRATEGIC ENVIRONMENT over again at the highest levels of this lives in Iraq. administration. Mr. DURBIN. Mr. President, Sec- Iraq passed an important milestone The 9/11 Commission showed us there retary of State Condoleezza Rice is tes- Saturday with the constitutional ref- tifying today at the Senate Foreign was no support for al-Qaida in Iraq. Yet erendum. The process was a refreshing as recently as last Sunday, Secretary Relations Committee. She will be demonstration of democracy at work in meeting with the full Senate later for a of State Condoleezza Rice tried to a region unaccustomed to such a dis- again link al-Qaida and 9/11 with Sad- classified briefing. play of civic participation. But the I am sure one of the topics that will dam Hussein. product, some have argued, is flawed. The 9/11 Commission made it clear, be discussed at length will be the Iraqi Nonetheless, Iraqis, with their vote, there is no linkage. The war has not in- constitutional referendum of this last have taken a step in this political proc- creased our own security. Some can Saturday. That vote was an important ess forward. This opportunity for Iraq argue—and I think convincingly—that milestone. The voting by so many has come at a high cost for America. it has made the world a more dan- Iraqis was again a demonstrable act of As the number of Americans killed gerous place. It has created a training courage. It is my most sincere hope continues to grow, and the number of ground for terrorism in Iraq where in- that in the months to come, the polit- injured increases as well, do we have a surgents come from surrounding coun- ical process in Iraq moves forward, clear plan in place? At what moment in tries to train themselves in killing that a stable government takes control time will the Iraqi Army battalions be American soldiers, to go out and do in Iraq, and that Iraq takes control of prepared to step forward so that Amer- even worse to Americans and others all its own future. icans can step back? At what point in around the world. But similar to many of my col- time will the Iraqi police force, the The only reason left for this war was leagues, and a growing majority of Iraqi security forces, say, ‘‘We can now the removal of Saddam Hussein. Two- Americans, we will not be satisfied control our own country and now thirds of Americans, when they meas- with the status quo or the stay-the- Americans can go home’’? ure that benefit against the enormous course answers that we hear over and This administration gives us the va- cost in blood and treasure, conclude it over from the White House when it guest notion that it is somehow wrong may not have been worth that price. comes to the situation in Iraq. The to think about when that date may Nearly $200 billion has been spent, most fundamental questions we have to come. Perhaps it is wrong to announce nearly 2,000 Americans have been ask of this President and this adminis- it but not to have a plan to reach it. It killed, and the pricetag goes up every tration are, What is your plan for vic- is something that concerns me. day in terms of American lives and tory? What is your plan for success? A few weeks ago, Generals Casey and American treasure. What is your plan to bring American Abizaid told a meeting in Congress Our national interest has suffered in troops home from Iraq? that only one battalion was prepared other ways as well. The war has altered It now seems evident that the con- to stand and fight by itself in Iraq the international strategic environ- stitution will pass. It also seems evi- today—only one battalion of the Iraqi ment to our disadvantage. Let’s begin dent that despite substantial opposi- Army. It is a far cry from 150,000-plus with Iran. Iran gives every sign that it tion from the Sunni minority, no prov- American soldiers who stand and fight is determined to acquire nuclear weap- ince will reject this constitution or, if today, who risk their lives today. ons. Such a development threatens re- any do, there will not be enough to, in Today, the trial of Saddam Hussein is gional stability and our own national fact, reject the whole document. beginning. We were greeted this morn- security. It is not in our interest or the Sunnis make up 20 percent of the ing with all the major news organiza- world’s interest. In August, the Bush population but 90 percent of the insur- tions showing the closed-circuit video- administration went to the diplomats gency in Iraq. Sectarian violence is tape and film of the trial. It is a good of more than a dozen countries and pre- claiming the lives of thousands of thing that he is standing trial because sented an hour-long slide show on Iraqis. We can’t even calculate how he is a vicious murderer, a thug, and a Iran’s nuclear program. This many. Some are fearful that this coun- monster of a human being. PowerPoint briefing incorporated sat- try could still fall apart. However, Americans are questioning, ellite imagery and other data to try to Saturday’s election is no guarantee still, whether or not we have paid too convince other nations that Iran’s nu- of long-term democracy in Iraq, but it heavy a price for this day to have ar- clear program is aimed at producing

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11505 weapons, not energy. But who could decide between resolve and retreat in establish permanent military bases in look at such a slide show and not think Iraq. We must not just withdraw, but Iraq, an allegation that, unfortunately, back to February 2003, when Secretary we cannot simply stay the same course fuels the insurgency. of State Colin Powell made a similar that has brought us to this place in We should do nothing that would case to the United Nations about the time. If we simply withdraw now, the mislead the Iraqis into thinking they existence of weapons of mass destruc- current instability in Iraq would bal- have unlimited time to take control of tion in Iraq? An embarrassing moment. loon into a full civil war, and we will their own destiny. An unending Amer- That was, in my opinion, the low point have produced another failed state, ican occupation is neither in Iraq’s in- in a very distinguished and noble pub- owned and operated by terrorists like terest nor in ours. If the Iraqis made lic career of national service of Sec- the Taliban in Afghanistan. If we just progress on Saturday, moving toward a retary of State Colin Powell. Indeed, it keep doing what we have been doing, constitution, moving toward a govern- was the stature of Secretary Powell we will continue to spend American tax ment, moving toward a nation, we alone that lent such force to that argu- dollars and, more importantly, sac- must tell them that there is a responsi- ment. To learn later that the facts rifice the lives of our brave soldiers. bility of nationhood that goes beyond were not there had to be a crushing We must take positive action to try to the obvious establishment of govern- blow to this man who has given so alter the strategic equation that has ment. The most important responsi- much to America. fueled terrorism and placed a heavy bility is to secure your own borders, to Two years later we found no weapons strain on our Army, National Guard, protect your own people, to provide for of mass destruction. Mohamed and Reserves, constrained our options the common defense of your own na- ElBaradei and the International Atom- toward Iran and North Korea, and cost tion. Now that is a responsibility that ic Energy Agency told us there were no us nearly 2,000 American lives in Iraq. must be shouldered by the Iraqis. If we weapons of mass destruction. We ig- Diplomacy has to be part of this new are uncertain in speaking to this new nored them. They asked for more time campaign. Our military leaders make Iraqi government about our plans and to prove their point; we rejected it. The it clear, they cannot defeat the insur- our timetable in Iraq, then I think Bush administration decided we had to gency. The way to defeat insurgency is they will count on American soldiers invade. We couldn’t wait for allies. We politically and economically and dip- to be there risking their lives indefi- couldn’t wait for proof. We couldn’t lomatically. Right now there are al- nitely. That is unacceptable. wait. Now ElBaradei and the IAEA most no troops from Muslim nations This administration has to make it have been proven right and recently who are fighting at the side of the Iraqi clear that Iraqi army soldiers are pre- were awarded the Nobel Peace Prize. government. There are almost no Arab pared to shoulder that burden and to The damage to our national credi- diplomats in Iraq. Secretary of State give relief to American soldiers so that bility by presenting a distorted case for Condoleezza Rice must reach out to the they can return home to a hero’s wel- the war has been severe. Our ability to Arab gulf states and others and con- come and to their families who wait persuade the international community vince them that a secure and stable anxiously for that day. is now diminished. So is our ability to Iraq is in their interest as well as ours I yield the floor. draw in allies to join us in this effort. and that they must assume some of the The PRESIDING OFFICER (Mr. VIT- TER). The Senator from Delaware. And the beneficiaries of our policies risk and burden of this enterprise. That sadly have been many rogue nations. is no easy sell, given the way we have f Like the boy who cried wolf, America approached this war to date. But it is HURRICANE KATRINA RESPONSE now must overcome the damage done an effort that we must undertake, Mr. CARPER. Mr. President, today I to our credibility by false claims that along with the Iraqis themselves. rise to discuss how we could be doing we laid before the world as the jus- The President needs to let the Iraqi better in our response to Hurricane tification for the invasion of Iraq. At people know that we will not remain Katrina. I just spoke with one of Lou- the same time, the dangers of ter- indefinitely in Iraq, and communicate isiana’s Senators coming over to the rorism to our Nation, our personnel, that message to the rest of the world Chamber to speak, and the word that I and citizens abroad, and our friends as well. The Iraqi government and its heard with respect to the situation on and allies have grown. The war in Iraq security forces need to prepare for as- the ground, particularly the response drained away financial resources, mili- suming all the functions expected of of FEMA to the ongoing crisis, was dis- tary forces, and intelligence experts them by a free and sovereign Iraqi peo- couraging. We can do better. We have from the war on terror. Osama bin ple to defend their own nation so to be able to do better for the people Laden still remains at large, over 4 American troops can come home. The there and for those who are footing the years after September 11. Where terror- administration’s admission, however, bill, the taxpayers. ists once had training camps to hone that only one battalion of the Iraqi Hurricane Katrina was truly an un- their skills, they now have a war itself army is capable of operating on its own precedented event. It was in all likeli- in Iraq. Sadly, our soldiers are their does not really bring us any closer to hood the worst natural disaster in our targets. meeting this goal. It is the responsi- Nation’s history. It was certainly the Recently, the Director of National bility of the administration to make it worst natural disaster I have witnessed Intelligence released a letter appar- clear why we have not done better in in my lifetime. I can understand then ently from Ayman al-Zawahiri, the No. training and preparing Iraqi soldiers to that there might be some mistakes 2 leader in al-Qaida, to Mr. al-Zarqawi, replace American soldiers, and it is the made, that there might not be easy so- the group’s top agent in Iraq. The let- responsibility of this administration to lutions to some of the problems faced ter provides a chilling portrait of a train Iraqi security forces so that, in by millions of Americans directly af- cold-blooded terrorist. I know many fact, our soldiers can come home. It is fected by this storm. But I believe people will try to use this letter to so- time for the people and leaders of Iraq there are too many key areas where we lidify their arguments of why we need to take control of their own country have experienced clear failures that to stay in Iraq. I don’t advocate a pre- and their own destiny. just cannot be shrugged off. We have cipitous tomorrow-like withdrawal We are not abandoning Iraq. Indeed, all heard about the slow initial re- from Iraq. I think that would be disas- we and Iraqis themselves must reach sponse to the storm. We have also trous. But the Zawahiri letter is one out to other partners, especially the heard about the no-bid contracts that more piece of evidence that Iraq has predominantly Muslim countries, to probably weren’t necessary. But I am now become a center of terrorist activ- collaborate in the consolidation of going to speak for a few minutes today ity, whereas before the war it was not. Iraqi security and democracy. We are about a truly distressing failure that is The horrible irony of this war is that not setting a date for departure. We are leading to hardship among Katrina President Bush’s invasion has created simply letting the Iraqis know, in the evacuees and is also wasting a lot of more energy behind terrorism in the clearest possible terms, that we intend Federal taxpayer dollars. Middle East. to bring our forces home. Reminding As my colleagues are aware, hun- The President is offering America a all concerned that we will not stay re- dreds of thousands of gulf coast resi- false choice when he says we have to futes the assertion that we intend to dents have seen their homes severely

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11506 CONGRESSIONAL RECORD — SENATE October 19, 2005 damaged. Too many have seen them after Katrina ravaged the Gulf Coast, has be- senior official at the Department of Housing completely destroyed. Many of these come the main housing program for evac- and Urban Development and Reagan admin- people are still living far away from uees. istration aide who is now a senior fellow at home, with little or no hope of return- This week, FEMA told housing industry the Heritage Foundation, the conservative representatives that it plans to move storm research organization. ‘‘This is not incom- ing to their communities any time evacuees out of hotels and into a less costly petence. This is willful. That is the only way soon, if ever. FEMA has moved swiftly rental-assistance program as soon as Dec. 1. I can explain it.’’ in recent weeks to move Katrina evac- FEMA officials have concluded ‘‘that it’s Nicol Andrews, a FEMA spokeswoman, uees out of temporary mass shelters going to be quite a while before a lot of peo- said the federal government was moving as that we saw in places such as the As- ple can actually go back. Therefore, keeping quickly as it could to find temporary hous- trodome in Houston. The problem is people in hotels and motels for any extended ing. But the scale of the catastrophe has period of time doesn’t make sense,’’ said Jim made it difficult, she said. that many evacuees are still living in ‘‘Clearly we have never encountered the hotels today, waiting for FEMA to Arbury, a senior vice president for the Na- tional Apartment Association and National size and scope of a disaster like Hurricane move them to longer term temporary Multi Housing Council. Katrina,’’ she said. ‘‘Housing half a million housing. There have been a number of Red Cross officials said they learned of the people is a challenge by any standard.’’ The American Red Cross started the hotel media reports recently that FEMA is error after a New York Times reporter alert- program days after Hurricane Katrina currently spending millions of dollars ed them to it Monday night. It comes as the struck, when it became clear that the shel- every day to house hundreds of thou- charity tries to raise $2 billion in private do- ters it had opened were not adequate to deal sands of these evacuees in hotels nations to cover its costs of caring for with the 600,000 to 700,000 families displaced around our country. The total cost of Katrina victims, a figure that does not in- by the storm, a spokeswoman, Carrie Martin, this program, according to the Wash- clude the hotel program. said. ington Post this morning, will likely The blunder is a black eye for the Red The hotel program was intended to last a Cross that could taint the entire nonprofit approach $200 million by the end of this couple of weeks but has twice been extended sector, warned Paul Light, a New York Uni- by FEMA. Now Red Cross officials are saying month alone. Worse yet, FEMA has ap- versity professor of public service. there is no end to the initiative, which pays parently not even been keeping track ‘‘It’s hugely embarrassing for the sector,’’ for 192,424 rooms in 9,606 hotels across the of the number of evacuees in hotels. Light said. ‘‘I don’t believe there is any mal- United States, in a range of cities as diverse I ask unanimous consent that several feasance here. But . . . the notion that the as Casper, Wyo., and Anchorage, Alaska. articles on this subject be printed in Red Cross simply cannot track where the Congress last month appropriated a $62.3 the RECORD. money is going feeds into this growing con- billion for the relief effort, most of it des- There being no objection, the mate- cern that charities cannot be trusted to ignated for FEMA. The agency had told Con- rial was ordered to be printed in the spend their money wisely.’’ gress that it expected to spend more than $2 billion to buy up to 300,000 travel trailers and RECORD, as follows: [From the New York Times, Oct. 13, 2005] mobile homes to house displaced residents. [From the Washington Post, Oct. 19, 2005] $11 MILLION A DAY SPENT ON HOTELS FOR The agency also planned to give out $23.2 bil- A BIG CUT IN KATRINA’S HOTEL BILL STORM RELIEF lion in assistance to victims for emergency needs and for temporary housing and hous- (By Jacqueline L. Salmon and Spencer S. (By Eric Lipton) Hsu) ing repairs. WASHINGTON, Oct. 12.—Straining to meet PROGRAM EVACUEES WERE MISCOUNTED, RED But the temporary housing program has President Bush’s mid-October deadline to been troubled since the start, observers say. CROSS SAYS clear out shelters, the federal government Instead of setting up as many as 30,000 trail- The American Red Cross said yesterday has moved hundreds of thousands of evacuees ers and mobile homes every two weeks, as of that it has vastly overstated the number— from Hurricane Katrina into hotel rooms at Tuesday, just 7,308 were occupied. Even and potential cost—of Hurricane Katrina a cost of about $11 million a night, a strat- counting berths on the four ships that FEMA evacuees staying in hotel rooms because of egy local officials and some members of Con- has leased and rooms on military bases and errors in how it interpreted its data. gress criticize as incoherent and wasteful. elsewhere, the agency has provided only Embarrassed officials from the charity ac- The number of people in hotels has grown 10,940 occupied housing units for victims in knowledged that instead of housing 600,000 by 60 percent in the past two weeks as some the three Gulf states. displaced people, the hotel program—paid for shelters closed, reaching nearly 600,000 as of FEMA, reacting to criticism that it might by the federal government—is housing 200,000 Tuesday. Even so, relief officials say they create super-concentrated slums, has scaled storm evacuees. cannot meet the deadline, as more than back plans to build so-called FEMA villes Red Cross officials attributed the error to 22,000 people were still in shelters in 14 states with up to 25,000 trailers. the misreading of daily reports from a con- on Wednesday. Even a less ambitious plan—complexes sultant handling the hotel placements: Staff The reliance on hotels has been necessary, with 200 or so units—has been slow to unfold. members mistook a cumulative tally of peo- housing advocates say, because the Federal FEMA officials cite the reluctance by some ple who had lived in hotels to date for the Emergency and Management Agency has had rural parishes or landowners to welcome daily hotel population. problems installing mobile homes and travel evacuees. ‘‘Clearly, somewhere we went off the But landowners and some state officials in track,’’ said Armond Mascelli, Red Cross vice trailers for evacuees and has been slow to place victims in apartments that real estate Louisiana blame bureaucratic fumbles by president for domestic response operations. FEMA. Bill Bacque, co-owner of a trailer Compounding the error, the Federal Emer- executives say are available throughout the southeast. park in Lafayette, La., said he offered prop- gency Management Agency kept no inde- erty for 45 trailers within days of the storm. pendent count of the program’s beneficiaries Hotel costs are expected to grow to as much as $425 million by Oct. 24, a large ex- Negotiations with FEMA were still under or its costs, said FEMA spokeswoman Mary- way this week, he said. ‘‘Things do not move Margaret Walker. She said FEMA apparently pense never anticipated by the FEMA, which is footing the bill. While the agency cannot fast,’’ Mr. Bacque said. was relying on the erroneous numbers as it Late last month, FEMA began handing out say how that number will affect overall searched frantically for other housing op- $2,358 for three months so that families in spending for storm relief, critics point out tions for evacuees. shelters or hotels could rent apartments. The revision in the number of people in ho- that hotel rooms, at an average cost of $59 a To date, more than 415,000 households have tels could cut in half the $425 million esti- night, are significantly more expensive than been approved for that aid, totaling $979 mil- mate for the program. It is also prompting apartments and are not suitable for months- lion. But FEMA officials cannot say how FEMA to reevaluate long-term housing long stays. many families have used the money for needs for storm evacuees, said spokeswoman Officials in cities from Dallas to Atlanta, apartments, or simply spent it on expenses Frances Marine. This month, FEMA’s acting which are accommodating thousands of evac- while also living in a government-financed director, R. David Paulison, estimated that uees, give credit for getting 90 percent of the hotel room. 400,000 to 600,000 households will require mid- victims out of shelters. But they say they David Degruy, his wife, Debra, and their to long-term housing. are frustrated by FEMA’s record in helping six children, of New Orleans, have done just The Red Cross said yesterday that it now place people in more adequate housing. that while staying in two rooms paid for by expects the program to cost about $220 mil- ‘‘Deplorable. Disappointing. Outrageous. FEMA at the Greenway Inn and Suites in lion. FEMA does not pay for hotel rooms That is how I feel about it,’’ said the Atlanta Houston. until it gets receipts, so the error has not mayor, Shirley Franklin, a Democrat, in a ‘‘We’re trying to save the money so that cost the agency, Marine said. telephone interview on Wednesday. ‘‘The fed- when do get in a house we’ll be able to buy FEMA officials said 1.6 million people have eral response has just been unacceptable. It things,’’ Mr. Degruy said. ‘‘We eat out some- registered for assistance because of Hurri- is like talking to a brick wall.’’ times, we buy clothes, personal hygiene cane Katrina and 700,000 people have sought Even conservative housing experts have things.’’ help for damage caused by Hurricane Rita. criticized the Bush administration’s han- Some officials criticize FEMA for a passive The hotel program, conceived by the Red dling of the temporary housing response. ‘‘I approach in dealing with cities and hurri- Cross as shelters overflowed immediately am baffled,’’ said Ronald D. Utt, a former cane evacuees.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11507 Representative Barney Frank, Democrat of viously drawn criticism for its troubled $1 payer money could be saved by using vacant Massachusetts, who sits on a House panel billion-plus effort to house hurricane evac- apartment units. ‘‘If the federal government that helps oversee the housing effort, com- uees in 125,000 trailers. made a choice to subsidize them at the rents plained that it was unreasonable for the fed- The National Low Income Housing Coali- they are available at, it looks like it still eral government to expect that a family led tion, an advocacy group, said that ecause the would be less than having them live in a by jobless parents, with no car, little savings rent program is based on the $786-per-month hotel,’’ she said. and little familiarity with a new city could national median rent for a two-bedroom FEMA spokeswoman Nicol Andrews said independently find an apartment. apartment—rather than city-by-city rates that the agency’s rental aid program can be ‘‘The administration’s policy is incoherent used by the Department of Housing and extended to 18 months. If renters keep re- and socially seriously flawed,’’ he said in an Urban Development—many evacuees taken ceipts and show that their housing costs ex- interview. to more costly cities are already short on ceed $786 a month, FEMA will allow them to Real estate officials say that although cash. Typically, the coalition said, renters spend more on rent, Andrews said. But Con- there are few available apartments in Lou- must pay a deposit and first month’s rent; it gress has set a $26,200 limit per family for isiana, there are many vacancies in apart- cited Washington as an example, where the FEMA aid of all kinds, including home re- ment buildings across the South, including average rent is about $1,100 and where about pairs, for Katrina victims. perhaps 300,000 in Texas alone. 5,000 people have been resettled. Andrews acknowledged that the trailer ‘‘What are these guys doing?’’ Jim Arbury, Apartment owners say they also are en- process is not moving as fast as the agency an official with the National Multi Housing countering problems collecting rents because would like. She declined to comment on crit- Council, a group of building owners and man- FEMA hands money directly to storm vic- icism from the housing sector but noted that agers, said of FEMA. ‘‘All of this housing is tims, instead of using housing vouchers or FEMA is establishing huge new programs available now.’’ payments to landlords as HUD does for some and that shelter populations have dropped 75 Some housing experts say the Bush admin- low-income renters. Some families that left percent in two weeks. istration should follow the approach taken their homes with only what they could carry The scale of Katrina’s exodus is immense after the 1994 Northridge earthquake in Los have used FEMA’s cash for food, clothing and growing. On Thursday, FEMA’s acting Angeles, when displaced residents were given and transportation. director, R. David Paulison, increased the prepaid housing vouchers instead of having ‘‘We felt if we did the right thing, FEMA agency’s estimate of the number of families to negotiate and pay a lease on their own. would step up and provide housing assistance expected to need housing for up to several ‘‘We are wasting money hand over fist be- for all these folks. Here we are four weeks months, from 300,000 to between 400,000 and cause we did not deploy the right policy later, and a lot of these folks simply do not 600,000. FEMA said Friday that the number of peo- tools,’’ said Bruce Katz, a vice president at have rent money to pay,’’ said Kirk H. Tate, ple in temporary shelters, which Bush has the Brookings Institution, a liberal research a member of Houston’s Katrina housing task pledged to clear by mid-October, has fallen group in Washington. ‘‘We could have thou- force and a parter at Orion Real Estate Serv- to 31,500 from a peak of more than 300,000. sands, if not tens of thousands of families, in ices Inc., which manages 12,000 apartments FEMA is providing rental assistance to stable permanent housing right now. And we in the city. Houston authorities welcomed 20,000 412,000 displaced households and has reg- would not have to turn to these costly meas- Katrina households into rental units in as istered 2 million storm victims. ures, like hotels, motels and cruise ships.’’ few as three or four days, mostly waiving de- ‘‘The recovery process for Hurricane Ms. Andrews, the FEMA spokeswoman, de- posit and rent requirements, Tate said. ‘‘The Katrina will be neither fast nor easy,’’ fended the housing policy. ‘‘The program is last thihg we want to have to do is ask for Paulison said. ‘‘Many . . . rightfully are con- designed to give those who it affects the them to move out when they can’t pay the cerned about the cost, as we all are.’’ most the control over their own lives,’’ she rent,’’ he said, but property owners have Critics in Congress and elsewhere have fo- said. mortgages, utilities and expenses to pay and cused on large trailer contracts and the dif- Some cities, including Houston and San may need to start eviction proceedings by ficulty FEMA has encountered in acquiring Antonio, have taken an active role in help- month’s end. trailers and sites for trailer parks. So far ing families find housing by creating their Benicha McCraney, 49, left New Orleans about 6,800 FEMA trailers are occupied by own voucher program, identifying vacant two days before Hurricane Katrina with two emergency workers and evacuees across the units, paying for six-month leases and then children and a suitcase holding three days’ Gulf Coast. Some also have criticized spend- turning over the unit to the evacuees. FEMA worth of clothes. Now the family lives in a ing $236 million to house 7,000 people on has promised to reimburse the cities for the $1,096-per-month two-bedroom apartment in three Carnival Cruise Lines ships. housing costs. a suburban Houston complex called Tran- Last week, three major national apart- ‘‘You can’t just give people a check and quility Bay. ment owner associations criticized FEMA for say, ‘Good luck, we will see you,’ ’’ said San She received $2,358 for three months from ignoring their offers of help and expressed Antonio’s assistant city manager, Chris- FEMA but estimates her monthly expenses bewilderment over why the agency extended topher J. Brady. ‘‘It would not be a sufficient at about $1,700. the hotel program. The average room rate of solution.’’ With $1,500 in savings and her husband, a $59 per day is more than twice the cost of FEMA officials said other cities can set up police officer, fearing he will be laid off in rental vouchers in HUD’s low-income Sec- similar programs. But Mayor Franklin of At- New Orleans, McCraney is worried about tion 8 housing program and the rental aid lanta and Mayor Laura Miller of Dallas have paying for children’s clothes when the provided by FEMA and HUD to Katrina vic- said they cannot do so without being paid in weather cools. tims. It also exceeds the median monthly advance by the federal government. McCraney is not facing eviction yet, but rent in some of the nation’s most expensive Expressing frustration that she could not having lost her home to floodwaters, she is cities. offer more help to the 39,000 displaced people postponing replacing the worn tires on her The groups cited 50,000 vacant apartments who have come to Georgia, Mayor Franklin car. ‘‘I would like to stay here as long as I in Dallas-Fort Worth alone and 1 million in said FEMA’s expectations that her city can,’’ she said. ‘‘I don’t have anywhere else the southeastern United States at rents that could advance housing money were unreal- in the world to go.’’ range from $700 to $1,200 a month— vacancy istic. The warnings come as a wide range of play- totals confirmed by others outside the indus- ‘‘Our government is not large enough to do ers in the nation’s housing and lodging in- try. that,’’ she said. ‘‘We can’t absorb the costs.’’ dustries express mounting exasperation with ‘‘Our message is simple. There are cur- FEMA’s shifting efforts to cope with the rently tens of thousands of available rental [From the Washington Post, Oct. 12, 2005] evacuee crisis. Although the administration units that would offer evacuees the oppor- HOUSING AID CALLED TOO MUCH, TOO LITTLE has proposed cruise ships, trailers, President tunity to more quickly recover from their devastating losses,’’ the National Multi (By Spencer S. Hsu) Bush’s nascent ‘‘urban homesteading’’ initia- tive, hotels and now apartment grants, they Housing Council, the National Apartment FEMA CRITICS CITE WASTE AS EVACUEES STRAN say FEMA is ignoring advice from experts Association and the National Leased Hous- TO PAY RENT inside and outside the government. ing Association wrote to HUD Secretary The Federal Emergency Management ‘‘The normal FEMA programs just aren’t Alphonso Jackson and Homeland Security Agency’s evolving efforts to shelter Hurri- working. They may be good for 1,500, 2,000 Secretary Michael Chertoff. ‘‘To extend the cane Katrina victims continue to waste huge people, but when you’re talking a half a mil- hotel program indefinitely prolongs home- amounts of taxpayer dollars and could soon lion, they do not work,’’ said Douglas S. lessness and makes no sense,’’ they said. leave many evacuees short of money and fac- Culkin, executive vice president of the Na- Housing officials point to the city of ing eviction, according to renter advocates tional Apartment Association. Dallas’s Project Exodus as an example of and housing industry officials. Culkin said 1 million rental units are va- better planning. It has placed about 1,000 The concerns focus on FEMA’s extension of cant in the southeastern United States at people in 481 apartments using $2.5 million an $8.3 million-a-day program to house half the rate of FEMA’s $1,770-a-month hotel raised through contributions by individuals 549,000 people in hotel rooms beyond an Oct. program. He called the current spending rate and large companies. The units rent for HUD 15 deadline and its handling of a new rental of $250 million a month ‘‘a horrendous waste market rates, including utilities. Although assstance program, which offers displaced of tax dollars.’’ city funds are set to expire after 60 days, families a lump sum of $2,358 for three Linda Couch, deputy director of the low-in- Dallas expects FEMA to pick up costs after months’ rent. The disaster agency has pre- come housing coalition, agreed that tax- that.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11508 CONGRESSIONAL RECORD — SENATE October 19, 2005 Houston also has agreed to pay up to 12 gram remind me yet again that we The PRESIDING OFFICER. The months of housing assistance for Katrina need to do some work to ensure that clerk will call the roll. victims, hoping for FEMA reimbursement, the money we are spending to help The legislative clerk proceeded to Tate said. Katrina victims is spent wisely and ef- call the roll. About 37,000 evacuees are in Dallas area hotel rooms, said Miller, and more than fectively. To date we have approved in Mr. GRAHAM. Mr. President, I ask 150,000 evacuees are in rooms across Texas. the Congress $62 billion for Katrina. unanimous consent that the order for ‘‘We said, We can’t wait for FEMA,’’’ said More money will probably be needed, the quorum call be rescinded. Dallas Mayor Laura Miller. ‘‘What worries but given the number of stories we see The PRESIDING OFFICER. Without me is reading about all these other cities almost on a daily basis now about fi- objection, it is so ordered. who are waiting for trailer homes to show up nancial mismanagement, about confu- Mr. GRAHAM. Mr. President, I ask so they can re-create these trailer villages. sion at FEMA, and the Department of permission to speak in morning busi- That would be the worst thing you can do.’’ Homeland Security, we should not be ness until Senator BROWNBACK arrives. Mr. CARPER. While it is certainly writing a blank check. The PRESIDING OFFICER. Without reasonable to house evacuees in hotels A recovery effort this large needs ad- objection, it is so ordered. on a short-term basis, this situation is ditional oversight to make sure the f simply unacceptable nearly 2 months money we are spending is going to the IRAQ after Katrina struck the coast. I am people who need it most, to make sure told that real estate and housing ex- we eliminate wasteful spending and get Mr. GRAHAM. Mr. President, I think perts have pointed out that perhaps the most bang for our buck, and to it is appropriate this morning that hundreds of thousands of suitable and make sure we reduce the potential for those of us in elected office, and every likely much more affordable apart- fraud. American, show some appreciation for ments could be had throughout the gulf It is my understanding that we are what is going on in Iraq this morning. coast region. I am certain that they not sure what legislation is coming to I turned on the television and saw a could probably be had for significantly the floor next week. I have a sugges- new face of Iraq. I saw a judge schooled less than the cost of a hotel room. In tion. The Homeland Security and Gov- in the law, loyal to the law, presiding addition, the Washington Post recently ernmental Affairs Committee, of which over a trial of Saddam Hussein, a per- reported that a joint FEMA–HUD rent- I am a member, approved two bills a son who was schooled in thuggery, al assistance program is likely wasting couple of weeks ago that I believe are loyal to himself and his agenda, one of millions of dollars. In at least some desperately needed to make sure the most brutal murderers the Middle cases, the program is not doing much Katrina recovery funds are spent prop- East has known. And I saw an attorney to help evacuees in some parts of the erly and go to the people who are most general laying out the case against country find suitable housing. in need. Saddam Hussein. Each evacuee participating in the One of the bills we passed would ap- How did that all happen? It happened voucher program, according to the point a chief financial officer to over- through sheer will. First, violence had Post, initially receives a subsidy see the day-to-day use of Federal funds to replace diplomacy because diplo- amount based on the national median in the cleanup and reconstruction ef- macy was failing. The effort to contain rent for 3 months. In some parts of the forts underway in the gulf. I cospon- Saddam Hussein’s regime, to rein it in, country, such as Houston, the national sored this legislation with Senator to clearly understand what his pur- median rent probably isn’t enough to COBURN of Oklahoma and Senator poses were about weapons of mass de- find suitable housing. In other commu- OBAMA of Illinois. It enjoys bipartisan struction, to get him to stay out of the nities, it might be more than enough. support, including the cosponsorship, I upheaval of the Middle East, to be a This means that Katrina evacuees in believe, of both the Republican leader productive member of the Middle East some parts of the country may be get- and Democratic leader of the Senate. society, the world community, in my ting more assistance than they need, The chief financial officer would opinion, failed miserably and we had to and those in higher cost areas might oversee the various Federal agencies resort to force and violence to oust a not be getting what they need to pro- involved in the recovery efforts and man who had perpetuated many crimes vide for their families. hold them financially accountable. The against his own people and his neigh- It has been suggested that the solu- CFO would be Congress’s personal bors. tion to the housing crisis in the gulf watchdog, issuing periodic financial re- How did it happen, at the end of the might be to place evacuees in trailers ports about whether the money is day? It happened through the bravery, or some other form of manufactured going to the people who need it the commitment, and sacrifice of the housing. But I have heard reports that most and whether it is being used to American military, their coalition FEMA is buying many of its trailers hire local workers who need jobs. partners, and the Iraqi people them- straight off the lot at retail prices. I The second bill would expand the au- selves. have also heard that there are thou- thority of the inspector general as- We have lost around 2,000 troops sands of trailers just sitting around un- signed to Iraq reconstruction to over- since the war began. To those families occupied in vacant lots. We have all see the Katrina recovery efforts. The who have lost loved ones, there is noth- heard stories about how miserable expanded office would audit recovery ing I can say other than I am sorry some of the trailer camps are to live in operations and investigate allegations and, in my opinion, for what it is that FEMA has set up in places like of waste, fraud, and inefficiency. worth, your loved ones have advanced Florida. Together, these two bills would bet- the cause of freedom by participating We can do better than this. FEMA ter protect American taxpayers and in a military operation to take Saddam owes it to Katrina victims and to the bring some much-needed account- Hussein off the throne and into the American taxpayers to find a more ability to the recovery efforts. dock as a defendant. comfortable, less expensive way to We shouldn’t settle for the stories we To those coalition members who have house our fellow Americans who are see in the papers every day about the stood with us and who have sacrificed, going through such a difficult time lack of decent housing for Katrina vic- thank you. Because of your sacrifice, right now. That is why I am sending a tims or the lack of competition for the cause of freedom has been ad- letter today to Acting FEMA Director Federal contracts. We shouldn’t read vanced. David Paulison to ask him to tell us stories about waste and resign our- We do not appreciate enough, in my exactly what FEMA’s plan is to get selves to the fact that waste is just opinion, the sacrifice of the Iraqi peo- Katrina evacuees out of hotels and into something that happens in the Federal ple. I believe it is the judge or one more stable living environments so Government. We can do better, and we member of the court whose brother was that they can begin the process of must. We owe it to the American tax- assassinated. To sit in judgment of bringing their lives as close to normal payers to do better, and we owe it to Saddam Hussein is no easy thing to do. as possible. Katrina’s victims to do better. They are literally risking their lives to The problems and the waste we are Mr. President, I suggest the absence be a prosecutor, a policeman, or mem- seeing in FEMA’s Katrina housing pro- of a quorum. ber of the army. They wear a target on

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11509 their back. Their families are at risk DARFUR dreds of jingaweit militia—this is the because the terrorists see it as a risk Mr. BROWNBACK. Mr. President, I militia armed by the Government of to their way of life. Those who take up wish to update my colleagues on what Sudan—and Government forces work- arms against the terrorists in Iraq are is taking place in Sudan in the Darfur ing together killing and injuring many literally changing the course of his- region. This is something about which and displacing thousands more. Just tory. I spoke several times in this Chamber. this week, a number of civilians were To those men and women who have It is a genocide as the Senate, the killed in fighting that took place in the served in the American military, those House, and the President declared it a town of Kutum after a rebel and Gov- who have lost life and limb, I hope you genocide. Others at the U.N. call it ernment force clashed. take pride in what is happening today. crimes against humanity. Under either The African Union articulates: To the families of the loved ones who definition, it is a horrific set of cir- A clearly premeditated and well rehearsed have been lost, those who have been in- cumstances that has occurred in that combined operation was carried out by the jured, and those who are still serving, region. Yet the response to date has Government of Sudan military and police at because of your sacrifice and commit- still not been effective. People are con- approximately 11 a.m. in the town of Tawilla ment, your willingness to leave your tinuing to be killed and slaughtered and its IDP camps in North Darfur. The Gov- comfort zones, to leave your family ernment of Sudan forces used approximately and run out of their villages, and the 41 trucks, 7 land cruisers in the operation and friends, Guard members and Re- African Union troops have not suc- servists leaving their businesses and which resulted in a number of deaths, mas- ceeded in securing peace in that region. sive displacement of civilians and the de- loved ones behind, you have changed I want to update my colleagues about struction of several houses in the sur- the course of Middle East history. what is taking place. rounding areas, as well as some tents in the At the end of the day, we can’t kill The mandate of the African Union IDP camp. enough terrorists to win. Terrorism is troops—and this is the African coun- In addition to these violations, there about hijacking of a great religion. tries that have formed the African are reports that the Government of There is no place in the terrorist world Union force—is simply to monitor and Sudan has painted their military for a different faith, people of modera- report on the current cease-fire. That trucks in the African Union colors, tion in the Islamic community, and is insufficient. I am going to detail why making it extremely difficult for civil- there is no role for a woman. For that it is insufficient and what has hap- ians to distinguish between monitors to change, it is going to have to be pened because of their insufficient or attackers. All parties have violated deeper than force of arms. It is going to mandate and rules of engagement not the cease-fire agreement on several oc- have to be a transformation of a cul- being appropriate for the cir- casions since it was established in 2004. ture. cumstances. Conditions for humanitarian organiza- The culture of the rule of the gun To date, they have largely written tions remain extremely difficult. This versus the rule of law is happening be- and filed away reports. Without a man- week, the United Nations announced fore our eyes. What is going on today date robust enough to protect the civil- its plan to withdraw all nonessential in Iraq is a sea change in the Middle ians or prevent violence or assistance staff from Darfur. East. It is about time a dictator in that robust enough to provide a well-sized In addition to an upsurge in violence region answers for his crimes. It is and equipped force, there is not much by the Government and the govern- about time people in that region be al- hope for the people seeking safety in ment-backed jingaweit militia, I am lowed to live their lives in a normal Darfur. very troubled by the recent violence fashion and raise their kids in peace. A few weeks ago, the African Union That day is still far away, but we are aimed at the African Union by rebel came out with their strongest state- groups. In particular, the recent closer than we have ever been. So to ment regarding the violence. This was those men and women serving in our kidnappings and killings of African a clear call for the international com- Union troops should be strongly con- American military and those who have munity to shine the spotlight on this suffered, congratulations and God demned and swift justice should be crisis and to realize the implications it brought to the perpetrators of these bless. Because of your sacrifice and will have on the entire region. those sacrifices of our coalition part- crimes. The African Union has called While the parties are engaged in the for these events to be brought to the ners and the Iraqi people, there has sixth round of peace talks—and that is been a sea change in the Middle East attention of the Security Council in progress; we do have peace talks en- their communique of October 10 of this and you deserve all the credit. gaged in by the people in Darfur, the I hope the American people will be year. Government in Sudan, the jingaweit The New York Times reported yester- patient to see this thing through be- militia that has been given equipment cause what happens in Iraq is directly day that some of the once-government- by the Government in Sudan—violence backed militia groups are fracturing related to our own security. continues to take place even as these I yield the floor. and targeting government-run entities, peace talks move forward. such as police stations. Infighting The PRESIDING OFFICER. The Sen- In the last few weeks, attacks have amongst the rebels is another common ator from Kansas is recognized. been carried out by the jingaweit mili- hurdle to achieving peace. This is the Mr. BROWNBACK. Mr. President, I tia, the Government forces, and the chaos that has plagued Darfur. have come to the floor to make a state- rebel movement—all three. The Afri- ment about the situation taking place can Union announced: Ambassador John Bolton’s recent de- cision to block the UN Envoy on Geno- in Darfur and to update my colleagues. You would recall that in the past one But I wish to speak briefly to my col- month, we witnessed a series of violations in cide from testifying before the Secu- leagues and to others about the amaz- Darfur, with widespread violence against vil- rity Council has undoubtedly raised ing trial of Saddam Hussein that has lages, commercial and humanitarian con- some eyebrows. However, if he means started. veys, and even IDP camps. what he says—that actions speak loud- This is a trial that is going to reveal These are camps where individual er than words—then I urge the Con- a great deal about what took place, the citizens are going to get away from the gress, the administration, the United carnage that happened under his rule, raids and carnage. Nations, and the international commu- and what he did to the people of Iraq. This rendered the work of the humani- nity to do something. I applaud Ambas- I worked with a number of Iraqi dis- tarian agencies and NGOs in the area dif- sador Bolton’s recognition of the fact sidents over a period of time. The ficult and, in some cases, they were forced to that the current arms embargo is not things they reported—the mass graves, suspend their activities. adequate, it must be expanded, and the persecutions, the intimidation by There was an unprecedented move there must be compliance. this Government of Saddam Hussein— against IDP camps and the first reports I urge my colleagues to consider is something that has not been well re- of the Government of Sudan’s use of these recent events and to redouble our vealed. Hopefully, that is going to helicopters since January. A number of efforts to bring an end to the genocide come out in this trial. We will see coordinated attacks has been reported that is happening as I speak. I urge my change as it progresses. since mid-September involving hun- colleagues and the chairman of the

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11510 CONGRESSIONAL RECORD — SENATE October 19, 2005 Foreign Relations Committee to quick- relentlessly to convince their Sunni their duty with pride, patriotism, and ly report out the Darfur Peace and Ac- countrymen and women to vote either perseverance. Our success in Iraq and countability Act. I have not spoken di- for or against the constitution. Their Afghanistan has not come without rectly to it, but I will speak about get- work came to fruition when millions of cost. Those who have fallen have ting this act passed. We need to get it Sunnis lined up to cast their ballots served a cause greater than themselves put into law. and decide the future of their country. and deserve a very special honor. My This legislation increases pressure on While many Sunnis voted against the heart goes out to the families whose Khartoum, provides greater support for proposed constitution, the referendum sons and daughters have made the ulti- the African Union mission in Darfur to sent a clear message that all Iraqis are mate sacrifice. help protect civilians and impose sanc- willing to invest in the democratic The people of Iraq have clearly spo- tions on individuals who are respon- process. ken of their desire for a free and demo- sible for the atrocities, and encourages By casting their ballots, millions of cratic Iraq. The terrorists understand the appointment of a U.S. special Iraqis also sent a strong message that their only chance is to break the envoy to help advance a comprehensive against terrorism. Ideology of hate has will of the American people and force peace process for Darfur and all of no place in the world, no place in us to retreat. We will not waver in our Sudan. It also calls for the United Islam, and most certainly no place in support of the Iraqi people. We will not States to push for a strong Security Iraq. Terrorists’ tactics of striking in- waver in our support of the democratic Council resolution, amongst other nocent men and women and children process and the rule of law. And we will things, that expands the arms embar- are despicable and cowardly. Terror not waver in our cause for freedom in a go. has not derailed the political process, land that has known nothing but op- We can no longer remain indifferent nor the establishment of the rule of pression. The lessons learned in pre- to the suffering Africans of Darfur. We law. Despite fears of retaliation by al- vious world conflicts have proven that must move beyond the politics and Qaida and other terrorists, millions of when the stakes are so high, we must agree on the fundamentals that will Iraqis chose to participate in the proc- remain firm, resist the enemy, and fight until the war is won. help save lives immediately. It is quite ess that will decide the future of their Mr. President, our Nation has a lead- simple. When the ‘‘never’’ is removed nation. er who has made it clear that winning from ‘‘never again,’’ it will happen— The Iraqi security forces have also started to make a significant dif- the war on terror is a defining moment again and again and again. We cannot for the civilized world. Since Sep- be silent and inactive on Darfur as peo- ference. According to our military leaders and officials on the ground, the tember 11, 2001, President Bush has ple die. taken bold steps to ensure the safety Iraqi security forces were clearly in the Mr. President, I yield the floor. and the security of the United States, The PRESIDING OFFICER. The Sen- lead in securing polling sites around especially against terrorist organiza- ator from Colorado is recognized. the country. Backed by the coalition tions and the nation states that sup- forces, the Iraqi military presence was f port them. increased by 35 percent since January. Specifically, since President Bush CONGRATULATING THE PEOPLE Press reports indicated that scattered OF IRAQ has taken office, the United States, instances of violence were quickly sup- under his leadership, has—and I would Mr. ALLARD. Mr. President, I rise to pressed by the Iraqis. like to list a number of successes congratulate the people of Iraq on writ- This accomplishment indicates the against terrorist organizations—over- ing another chapter in the history of willingness of the Iraqi security forces taken two terrorist regimes, rescued their nation. After the coalition forces to stand up to insurgents and protect two nations and liberated some 50 mil- toppled Saddam’s oppressive regime, their fellow countrymen. With each lion people; captured or killed close to many believed it would take years Iraqi soldier trained and equipped to two-thirds of known senior al-Qaida until the Iraqis would be in control of carry out the mission, Iraq draws clos- operatives; captured or killed 45 of the their government apparatus. They were er to be able to stand on its own and 55 most wanted in Iraq, including Iraq’s wrong. On June 28, 2004, the transfer of protect Iraq’s freedom. deposed dictator, Saddam Hussein; power took place and Iraqis became the As they have learned the power of hunted down thousands of terrorists rulers of their nation. On January 20, the ballot box, Iraqis will soon be expe- and regime remnants in Afghanistan 2005, millions of people, including riencing the strength of the rule of law and Iraq; disrupted terrorist cells on women, risked their lives to choose the during the trial of Saddam Hussein most continents and likely prevented a members of a temporary Parliament that convenes today. Only a couple number of planned attacks. responsible for drafting the new con- thousand years ago, thousands of This is an astounding record of ac- stitution. This past weekend, millions Iraqis—including women and children— complishment for our Commander in of Iraqis lined up to cast their ballots were killed, tortured, and wrongfully Chief, his national security staff, and in more than 6,000 polling places across imprisoned. Nevertheless, the current the phenomenal men and women of our Iraq. Iraqi Government fully understands military services. The United States The Iraqi people’s vision of a free and the importance of a fair trial and the went to war in Afghanistan and Iraq, stable Iraq led them to an important precedents it will establish. As a result risking significant loss of life and milestone—voting on a democratic of these advancements in Iraq, the treasure to protect our way of life. Our Iraqi-written constitution. Last week- country’s most brutal dictator will goals are clear and twofold: Destroy end, through will and determination, face trial by a jury of his peers, a trial the nexus of terrorism and weapons of more than 60 percent of the eligible that thousands of Saddam’s victims mass destruction that personified the voters in Iraq chose to speak up never received. The world will pay two ousted regimes and create in their against tyranny and oppression—a close attention as the Iraqi judicial stead stable, democratic states able to higher percentage of voter turnout system moves forward with this chal- participate in the modern world today. than in the 2004 U.S. Presidential elec- lenge. I am confident the Iraqis will ad- And we see the results of that success- tion. here to the highest standard of the rule ful effort in both Afghanistan and Iraq. What we saw in Iraq on October 15, of law to reach a proper conclusion. We succeeded in our first goal, having 2005, proved that even those oppressed Today, the successful referendum in killed or captured perpetrators and for decades will peacefully choose their Iraq would not have been possible with- supporters of the enemy terrorists. own future when given a chance to par- out our brave men and women in uni- As I discussed previously, the coura- ticipate in a fair and open electoral form who were called by our Nation’s geous people of Afghanistan and Iraq process. leaders to perform a noble but difficult are making remarkable progress to- There had been much speculation task. Their commitment and dedica- ward adoption of constitutional re- that a majority of Sunnis would boy- tion to peace and prosperity around the forms to secure momentum for a last- cott the referendum. However, until globe has never been more evident. ing democratic independence. Our the last few days before the vote, lead- Nearly 150,000 soldiers, sailors, airmen, Commander in Chief deserves recogni- ers of the Shi’a and the Kurds worked and marines are deployed in Iraq, doing tion for these achievements. America

VerDate Aug 31 2005 06:23 Dec 28, 2006 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORDCX\T37X$J0E\S19OC5.REC S19OC5 hmoore on PROD1PC68 with CONG-REC-ONLINE October 19, 2005 CONGRESSIONAL RECORD — SENATE S11511 is safer because he took action, and the All Iraqis who opposed or questioned this year, took another significant step world will be a better place when the the leadership of Saddam Hussein, forward in Iraq. We saw millions of foes of freedom are defeated. We must whether Shi’a, Sunni, Christian, Kurd, Iraqis indicate their willingness to em- stay the course and follow through Turkoman, or other, were systemati- brace the democratic process by virtue with determination and perseverance. cally intimidated, tortured, and exe- of their voting. There was a strong We must turn to those who doubt our cuted during the regime. turnout nationwide, a significantly mission and speak of the tremendous We are now in a new chapter of the higher turnout than we anticipated in courage being shown by the Iraqi and trial of Saddam Hussein. Many of these certain areas. This turnout, particu- Afghan people who are just beginning atrocities will come to light. As I men- larly in the Sunni regions, is more re- to enjoy the fruits of freedom. We must tioned earlier, I have a lot of faith in markable because it was often in the constantly thank our men and women the Iraqi people, that they will conduct face of insurgent intimidation. in our Armed Forces who have so val- the trial in a responsible way following We all observed three important iantly served our Nation, and we must international law and also, in some in- signs of Iraqi progress in the events of remind ourselves that the global war stances, applying their local law. October 15th. First, the electoral proc- on terrorism is not about religion or The credit for freeing the Iraqi peo- ess proceeded as planned. Insurgent ef- ethnicity; it is about freedom and ple I think goes to the men and women forts to disrupt the elections that were whether we will allow others to dictate in the Armed Forces, it goes to the attempted throughout the summer and our freedom. We must not give in to American people who have shown per- right up to the elections simply did not the ideology of terror, and we must re- severance through this period of time, succeed. main committed to those who need our and also to our President, our great Second, Iraqi Government’s outreach assistance so much. leader, who has demonstrated strong to Sunni leaders during the constitu- As we review the history of Saddam leadership not only in America but tional drafting process is having an ef- Hussein as he begins standing trial across the world in this fight for free- fect. Prime Minister al-Jafari said, today, I view with optimism the ability dom. The real beneficiaries are going ‘‘The victory for Iraq is that Iraqis are of the Iraqi people to conduct a fair to be the Iraqi and the Afghani people. voting.’’ and just trial. They face a history of I, along with many other Americans, Third, the Iraqi security forces pro- continued inhumane actions by a ruth- will be watching as the trial runs its vided protection to more than 6,000 less dictator in Saddam Hussein for course. This is not going to be an polling sites. I cannot overstate the thousands upon thousands of people American trial or any kind of world importance of that. The United States, who were massacred and killed for no trial, although international proce- together with its coalition partners, real, apparent reason other than the dures will be followed. But it will be a worked hard for some 2 years now to fact that they disagreed with Saddam, trial that will reflect the freedoms of establish a military and a police force. who was the ruthless dictator in the Iraqi people and reflect their form I would say, having followed this very charge. carefully in the Armed Services Com- History takes us back many years. of justice. mittee, that significant progress has Saddam came into power a number of I wish the Iraqi people well. I com- been made in the last 120 days. We have decades ago, and during that time we mend our President for a job very well established criteria to assess the qual- saw a record number of injustices that done. Again, I want to recognize the ity and the professional level attained occurred to the Iraqi people. We saw, in sacrifice and commitment of our men by these individuals, and how best to 1980, the persecution of the Faylee and women in the military who have integrate them in the overall security Kurds. We saw, in 1983, the Kurdish been so brave and forthright, and have framework needed to preserve and pro- massacres targeted against Barzanis done overall a great job in representing tect the Iraqi people and preserve their and the KDP. In 1988, we saw the Anfal America on the battlefield in their campaign. As many as 182,000 people fight for freedom. sovereignty. Real progress has been disappeared during this time period. I yield the floor. made. The voting day was an example In 1988, we saw in Halabja the Sad- The PRESIDING OFFICER. The Sen- of how they perform. At the polling dam regime launched chemical attacks ator from Virginia is recognized. sites, security was primarily the re- against more than 40 of its own vil- Mr. WARNER. Mr. President, par- sponsibility of either the Iraqi police lagers. On March 16, 1988, the regime liamentary inquiry: My understanding or the national forces. It was clear and dropped sarin and VX on the town of is the time at this point had been re- visible that the Iraqis took the lead in Halabja, killing more than 5,000 people served for statements regarding the this effort. No security incident ap- and injuring thousands more. Many of elections in Iraq. Am I correct? What is peared to affect voting. The level of se- the survivors suffered long-term med- the time remaining? curity breaches was far below the high ical complications, and thousands died. The PRESIDING OFFICER. Morning of some 300 breaches during the Janu- There have been significant instances business time has now expired. ary election of this year. I believe of birth defects in children born to par- Mr. WARNER. I ask unanimous con- there was less than 20 incidents total ents of Halabja, and many are still suf- sent the time be extended for a period that tried to disrupt the election, but fering from the effects of the attack. not to exceed 10 minutes. all failed to affect the casting of votes In 1991, during the Shi’a uprising in The PRESIDING OFFICER. Without at these polling places. the south, the regime brutally mas- objection, it is so ordered. We have no confirmed figures on the sacred tens of thousands of soldiers and Mr. WARNER. Mr. President, my dis- results yet. We, the world, await the civilians. Also in 1991, once Kurdish au- tinguished colleague from Colorado has outcome. Newspapers throughout the tonomy was declared, many Kurds liv- spoken very eloquently with regard to world carry reports of the importance ing below the green line were mas- the elections in Iraq. I would like to of the election and saluting those who sacred, leaving mass gravesites in the add a few thoughts of my own, for it made it possible—not just the security Kirkuk region. In 1991, with an uprising was truly a momentous event in the forces but also the United Nations and in Najaf, we saw again the dem- sense that a nation which had not had other international organizations onstrated brutality of this regime. As any government since 1920 was given which came in and supervised this his- it put down the uprising, many of the the opportunity to begin its course to- toric day. Basically the streets were perpetrators were rounded up, were ar- ward joining the nations of the free calm. In some places there were mild rested, and many of the participants world to have some form of democracy celebrations. who were placed in jails were tortured. of their own choosing—and I underline Last month, for example, in Tall Afar The Marsh Arabs, whose people had that: Of their own choosing. They in northern Iraq, coalition and Iraqi lived for thousands of years in the thereby take a place in the world with forces were engaged with insurgents for longstanding Marsh Arab area, were a responsibility for securing the basic control of that city—a bitter battle. It forced to leave the land after it was no freedoms people worldwide desire. is interesting that on Saturday the longer cultivable and habitable because On Saturday, October 15, 2005, the Independent Election Committee of the regime decided to divert their Iraqi people, once again, following Iraq estimated that 80 percent of the waters to other sources. their historic election in January of registered voters in that community

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11512 CONGRESSIONAL RECORD — SENATE October 19, 2005 voted. Therefore we must praise the ef- progress in these security forces, I Pending: forts of the Iraqis, the U.S. civilian and see—and I want to say with great cau- Kennedy modified amendment No. 2063, to military personnel, all those of our co- tion—an opportunity, following the provide for an increase in the Federal min- alition partners and those of inter- first of the year, to begin to review our imum wage. national organizations for planning present force structure and to consider The PRESIDING OFFICER. The Sen- and executing an electoral referendum such options as will hopefully be avail- ator from Missouri. in such a challenging environment. The able to lessen the size of our overall Mr. BOND. Mr. President, I thank the United Nations chief electoral adviser troop presence. Chair. I note that my partner and co- in Iraq said: Watching Iraqis vote, we as Ameri- manager of the bill, the Senator from The process has gone so smoothly and well, cans should be especially proud of the Washington, and I are here and ready from a technical point of view. contributions of those men and women to do business. We were ready to do The Vice Chairman of the Inter- who proudly wear the uniform of the business yesterday. We had one rollcall national Mission for Iraqi Elections, a United States. When I speak with them vote. There were more than 40 amend- coalition of electoral monitoring bod- in Iraq, as I did weeks go on my sixth ments filed yesterday. I know there are ies, praised the referendum for its legal trip, and in Afghanistan, they know many others who have or are thinking framework, planning, and logistics. the importance of what they are doing. about amendments. But we have Now the world will await the final re- I would like to underline that. Indi- enough work to do now if Members will sult, due hopefully later this week. The vidually, they know and understand come forward and offer their amend- Independent Electoral Commission in the importance of the mission which ments that are filed or talk with us to Iraq is supervising this process and will they, as members of the all-volunteer see if they can be accepted. announce an official tally after votes force of our military, have undertaken. We would like very much to move are counted at a central location over- Together with the commitments in forward on this bill today, and perhaps seen by the United Nations election ad- support of their families back home, complete work on it by 8 o’clock to- visory team to ensure that inter- they are performing brilliantly in Iraq, night when the baseball game is on tel- national standards are being met. Afghanistan, and all across the world, evision. But hope springs eternal. We There are, no doubt, difficult days re- protecting the security of this Nation would love to see Members come for- maining ahead. Generals Abizaid and and the security of our principal allies. ward. I think more are ready to go. Casey told the Congress, the American We will continue to demand from Mr. President, I ask unanimous con- people, and indeed the whole world, these people as we always have, but sent that the pending amendment be just that in appearances throughout they are like generations before them, set aside. the United States last month. Both answering a call to duty to defend the The PRESIDING OFFICER. Without men were confident that we are moving values and freedoms we cherish. We objection, it is so ordered. in the right direction. We saw that wish them well. We wish the blessings AMENDMENT NO. 2113 progress this Saturday and we salute of the Almighty on them and their them for their leadership and their par- families. We have taken heavy casual- Mr. BOND. Mr. President, I send an ticipation and their responsibility in ties in this conflict, both in terms of amendment to the desk. achieving the results that came about lost lives and wounded. Not a day goes The PRESIDING OFFICER. The on Saturday. by that those who are privileged to clerk will report. If the constitution is ratified, Iraqis serve in this Chamber do not have that The assistant legislative clerk read will vote again on December 15. This foremost in their minds, as do most as follows: time they will vote for a permanent Americans. The Senator from Missouri [Mr. BOND] pro- government to take office on December I yield the floor. I suggest the ab- poses an amendment numbered 2113. 31. That leaves 60 days, basically, be- sence of a quorum. Mr. BOND. Mr. President, I ask unan- tween now and December 15. It will be The PRESIDING OFFICER. The imous consent that reading of the a very unusual period in the history of clerk will call the roll. amendment be dispensed with. Iraq, in that many of those in this cur- The Journal clerk proceeded to call The PRESIDING OFFICER. Without rent government, the interim govern- the roll. objection, it is so ordered. ment, will be seeking office in that Mr. BOND. Mr. President, I ask unan- The amendment is as follows: election. So we have to exercise a de- imous consent that the order for the (Purpose: Limits the availability of funds gree of patience as we watch them, as quorum call be dispensed with. under this Act for use in paying for emi- they pursue their political campaigns The PRESIDING OFFICER. Without nent domain activities) at the same time they have official du- objection, it is so ordered. Insert the following on page 348, after line ties to maintain a government and f 5, and renumber accordingly: serve the needs of the people of Iraq— ‘‘SEC. 321. No funds in this Act may be used CONCLUSION OF MORNING to support any federal, state, or local whether it is the power, whether it is BUSINESS the water, whether it is the security. projects that seek to use the power of emi- nent domain, unless eminent domain is em- All of those things must be maintained The PRESIDING OFFICER. Morning business is closed. ployed only for a public use: Provided, That during this interregnum until the elec- for purposes of this section, public use shall tion takes place. f not be construed to include economic devel- Then, following December 15 there is TRANSPORTATION, TREASURY, opment that primarily benefits private enti- basically a 60-day period as established HOUSING AND URBAN DEVELOP- ties: Provided further, That any use of funds under the law that they have adopted. MENT, THE JUDICIARY, THE DIS- for mass transit, railroad, airport, seaport or There is a 60-day period in which that TRICT OF COLUMBIA, AND INDE- highway projects as well as utility projects which benefit or serve the general public (in- government must replace the existing PENDENT AGENCIES APPROPRIA- one and take the reins of authority and cluding energy-related, communication-re- TIONS ACT, 2006 lated, water-related and wastewater-related govern Iraq for a period of 4 years— The PRESIDING OFFICER. Under infrastructure), other structures designated truly a permanent government. for use by the general public or which have As this political situation matures, the previous order, the Senate will re- sume consideration of H.R. 3058, which other common-carrier or public-utility func- so too will the Iraqi security forces, tions that serve the general public and are and I am confident we will see a con- the clerk will report. subject to regulation and oversight by the tinued strong pace to obtain the needed The assistant legislative clerk read government, and projects for the removal of numbers of trained police, border secu- as follows: blight (including areas identified by units of rity, internal security, national guard, A bill (H.R. 3058) making appropriations local government for recovery from natural and a standing army to provide that for the Department of Transportation, disasters) or brownfields as defined in the Treasury, and Housing and Urban Develop- Small Business Liability Relief and nation with protection for its sov- ment, the Judiciary, the District of Colum- Brownfields Revitalization Act (Pub. Law ereignty and internal protection from bia, and independent agencies for the fiscal 107–118) shall be considered a public use for the insurgents. With an Iraqi perma- year ending September 30, 2006, and for other purposes of eminent domain: Provided fur- nent government in place and steady purposes. ther, That the Government Accountability

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11513 Office, in consultation with the National harmful impacts in the Sunset Hills recognizes the importance of sup- Academy for Public Administration, organi- community in St. Louis County. Emi- porting eminent domain activities in zations representing state and local govern- nent domain was used by a private de- support of transportation projects, ments, and property rights organizations, veloper to condemn a large number of utility projects, and projects to remedy shall conduct a study to be submitted to the Congress within 12 months of the enactment homes, forcing the residents out of blight. Funds may still be used from of this Act on the nationwide use of eminent their homes. The residents, in expecta- the Federal sources in this act for domain, including the procedures used and tion of being forced out of their homes, these projects. the results accomplished on a state-by-state purchased other houses. They began to Moreover, the amendment requires basis as well as the impact on individual move into other houses. The private the GAO to conduct a study that ana- property owners and on the affected commu- developer went broke. Now these peo- lyzes the use of eminent domain nities.’’. ple are stuck with two mortgages, and throughout the Nation, as well as the Mr. BOND. Mr. President, there has the place they left is being declared a results accomplished by these uses of been much discussion with many Mem- blighted area because everybody has eminent domain. bers who are interested in this. I am left. I know some of my colleagues are filing it now, and I will ask unanimous This has had a double impact, not proposing significant substantive au- consent that others who wish to be only on the homeowners who were thorizing legislation which would have added as original cosponsors add their forced to take out a second mortgage a much broader band. This objective is names. But I wanted to get it here on but on a community which now is worthwhile. I hope to join them at a the floor so everybody could have a blighted, and some enterprising devel- later stage. This is just a starting step. chance to look at it. We will shortly opers are seeking tax subsidies and It is a starting point to make sure emi- set it aside because I think we are per- other help to renovate a blighted prop- nent domain for private purposes is not haps ready to go forward with the min- erty. funded in the coming year from funds imum wage amendments. I believe most of us—and certainly from the Transportation, Treasury, the At this point, permit me to explain the people I listen to in my home State Judiciary, Housing and Urban Develop- what the amendment is about. of Missouri—believe this is absolutely ment, and related agencies bill. This amendment is in response to the wrong. I hope my colleagues will join me in U.S. Supreme Court case, Kelo, et al. v. When you look at the New London support of this amendment. It estab- City of New London, et al., in which case, you see how a tragic result can lishes a very important principle. I the Court upheld by a 5-to-4 majority occur under the Kelo decision if legis- hope to have a very solid vote for this decision the use of eminent domain by latures do not act. The Governor of amendment when it comes to the Sen- the city of New London, CT. The Court Missouri has called for a task force to ate. noted that New London utilized a com- study eminent domain. I yield the floor. prehensive plan that seeks to revitalize I believe we have responsibility here The PRESIDING OFFICER (Mr. GRA- the city by using the land occupied by to make sure that Federal funds are HAM). The Senator from Washington is some 115 privately owned properties as not used in the taking of property for a recognized. well as 32 acres of land formally occu- private use and utilizing Federal funds Mrs. MURRAY. Mr. President, I pied by a naval facility to accommo- to bolster that effort. thank the chairman for offering this date a $300 million Pfizer research fa- In the Kelo case, the dissenting opin- amendment. The Kelo v. New London cility, a waterfront conference hotel, a ion notes that the petitioners are nine decision by the Supreme Court came as ‘‘small urban village,’’ as well as 80 resident or investment owners of 15 a great shock to many. The amend- new residences. The opinion seems to homes in one of the neighborhoods sub- ment being offered seeks to impose rely on ‘‘affording legislatures broad ject to eminent domain. One of the pe- some meaningful limitations on the po- latitude in determining what public titioners lived in the house that has tential use of eminent domain with the needs justify the use of the takings been in her family for over 100 years. funds provided in this act. I emphasize power.’’ She was born in the house in 1918. Her this provision is limited to the funds in The opinion also notes that nothing husband has lived there since their this act and does not seek to overturn precludes any State from placing fur- marriage in 1946, and their petitioner the Kelo decision. It merely ensures ther restrictions on its exercise of the son lives next door with his family. that funds appropriated for 2006 for the takings power. Moreover, the record makes no claim Department of Transportation and As discussed by the four-Justice dis- that these are anything but well-main- Housing are not to use eminent domain senting opinion, this majority opinion tained houses that do not pose any for projects that primarily benefit pri- goes much farther than the facts of the source of social harm, unlike the cir- vate interests. case and would essentially allow the cumstances of several earlier cases I urge my colleagues to support this use of eminent domain in virtually any cited in the majority opinion. amendment. I thank the chairman of circumstance where the locality be- The opinion warns that despite the the committee for offering this critical lieves some benefit could be derived. majority opinion’s reliance on the amendment at this time. In particular, the four-Justice dis- city’s comprehensive plan, there is I yield the floor. senting opinion concludes that ‘‘under nothing in the majority opinion that Mr. BOND. Mr. President, I thank my the banner of economic development, prohibits property transfers generated friend, the Senator from Washington. all private property is now vulnerable with less care, that are less comprehen- There are other amendments that are to being taken and transferred to an- sive, that happen to result from a less going to be offered, and at the appro- other private owner so long as it might elaborate process, where the only pro- priate time I will ask this be set aside be upgraded—i.e., given to a owner who jected advantage is the incidence of so further amendments can be offered. will use it in a way that the legislature higher taxes or the hope to transform I yield the floor. deems more beneficial to the public—in an already prosperous city into an even The PRESIDING OFFICER. The Sen- the process.’’ more prosperous one. ator from North Dakota is recognized. There are a number of problems that Despite my misgivings about the AMENDMENT NO. 2078 have already been raised in the emi- Kelo case and its implications, this Mr. DORGAN. Mr. President, I intend nent domain field. I say none are more amendment today is very narrow and to offer two amendments to this legis- striking than the proposal by a devel- merely limits the availability of Fed- lation. I take a moment now to offer oper to condemn the land on which the eral funds from within this act for the the first of those amendments. While I home of one of the Justices in the ma- year for which it is applicable for use do that, I thank my colleague from jority opinion sits to put a new hotel in funding eminent domain activities. Missouri and my colleague from the and the Lost Freedom Bar on his prop- The key issue in this amendment is State of Washington for their work on erty. that these funds should not be used to this piece of legislation. This is an ap- In my State of Missouri, we have provide Federal support for eminent propriations subcommittee bill on seen the use of eminent domain for a domain activities that primarily ben- which they have done an excellent job. private purpose having tremendously efit private entities. The amendment I appreciate that.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11514 CONGRESSIONAL RECORD — SENATE October 19, 2005 I will offer an amendment at the He said they were paying $7,500 a When we hear these stories—and we completion of my comments. The month lease on SUVs in Iraq; $85,000 pass emergency legislation for nearly amendment deals with the issue of con- brand new trucks were left by the side $20 billion for reconstruction of Iraq; tracting, particularly contracting in of the road because they had a flat tire we spend $4 billion, $5 billion, or $6 bil- Iraq, and also now contracting in this and torched; $85,000 trucks discon- lion a month now in Iraq and Afghani- country for reconstruction of the Gulf tinued to be used and left by the side of stan—we push a massive amount of States that were hit so hard by Hurri- the road because they had a plugged money out there with some of it, a fair cane Katrina and then Rita. I will talk fuel pump, and therefore torched. amount of it, going, particularly in the about the reason I am offering this and These purchasing agents were told it reconstruction, to no-bid contracts, to point out I have offered it previously, didn’t matter, these are cost-plus con- big companies, and then we hear sto- and I lost in the vote that was con- tracts. It does not matter that money ries such as, OK, here is the task: We ducted in the Senate. However, I have is wasted, they could spend what they will put air conditioning in this build- previously indicated I do not intend to wanted to spend. They were told the ing. So the big company gets money for be discouraged by losing a vote. I will good old American taxpayer will pick air conditioning, subcontracts it, the ask the Congress to reconsider by hav- up the tab. subcontractor contracts it, and when ing another vote, and I will do it again We had a man named Rory in charge the work is all done you have ceiling following this if I am not successful. of food service, a supervisor at a food fans—and we paid for air conditioners. Let me describe the circumstances service area in Iraq. Rory described Who cares? Who is watching over this that bring me to the conclusion we what his instructions were from Halli- massive amount of waste, fraud, and need a special committee of the type burton. His instructions were: If a gov- abuse? I will not go through it all, but that Harry S. Truman led when he was ernment auditor comes by, you get out it is unbelievable what is going on. No- a Senator. Incidentally, he was a Dem- of there. You refuse to talk to a gov- body seems to care. ocrat Senator who had the Senate es- ernment auditor. If you talk to an What is happening with respect to re- tablish what was called the Truman auditor that comes by to try to evalu- construction down in the gulf as a re- Committee to investigate waste, fraud, ate what is going on, one of two things sult of Hurricane Katrina and Rita? We and abuse in defense spending back in will happen to you. You will either be hear people talking about $200 billion. the middle of what became World War fired, or you will be moved to an area This Congress has appropriated slight- II, the middle of the Second World War. in Iraq that is under active hostile ac- ly more than $60 billion already. We With a Democrat President, a Demo- tion. Those are your choices. have seen, once again, some of the crat Senator was doing investigative Rory decided to tell what was going same companies performing no-bid con- hearings about waste, fraud, and abuse on. He said they were feeding soldiers tracts in Iraq now with no-bid con- with respect to spending in the area of who did not exist. We have read the tracts in the gulf. defense. He uncovered billions and bil- headlines, charging for 42,000 soldiers First, we start with waste, fraud, and lions and billions of dollars of waste. to be fed every day; 42,000 meals, three abuse with FEMA, an organization Good for him. I am sure it was not times a day. It turns out there are only that used to be something really spe- pleasant for the White House because 14,000 soldiers. A big error? Maybe. cial. I remember when my colleague, Senator Truman was a member of the Rory says it was happening in his area, Fritz Hollings, sat in the chair behind party of the President at that point. about 4,000 or 5,000 soldiers in his area. me. Fritz Hollings, back in another Nonetheless, he did what he believed He said: By the way, we had expired era, said: We had two natural disasters was important and right for this coun- food. The date stamp had long since ex- try. It was very important to have down in our part of the country. The pired, and we were told by the super- done. first disaster was a hurricane; the sec- These days we have something hap- visors, it does not matter, just feed the ond disaster was FEMA. pening with respect to the country of food to the troops. Convoys come But then FEMA changed. All of a Iraq. We have a war in Iraq. We also through in hostile action, with lead in sudden James Lee Witt came in from a have reconstruction programs for the the meat and lead in the food in the background that was unusual. The guy country of Iraq paid for by the Amer- back of the truck, and they were told had experience. He came from a back- ican taxpayers. We have contracts that to separate out the lead from the food, ground of disaster preparedness, dis- are sole-source, no-bid contracts given and by the way, for the bullets, give aster emergency services. And all of a to some very large corporations. We them to the supervisors as souvenirs sudden, FEMA became something very have tales of horror about the waste of and feed the food to the troops. special. the taxpayers’ money, and nobody That is on the record from a guy who I know that because my State had a seems to care very much. worked there, came back to the coun- community of 50,000 in the flood of 1997 We also now have similar tales with try, and became a whistleblower. He in Grand Forks, ND, that required the respect to contracting—again, no-bid, says here is what is going on. We are evacuation of almost an entire city. It sole-source contracting—with respect being stolen blind. was a massive evacuation and flood re- to the reconstruction and the response Let me show a picture of another fel- sponse. Guess who was there at the to Hurricane Katrina and Rita. low who testified at a hearing I held. lead. FEMA. Everybody there would Let me describe just a few of these, if Incidentally, I am doing the hearings say: What a remarkable organization. I might. First, let me talk about con- not because I enjoy holding hearings. It worked. It knew what it was doing. tracting in Iraq. We have a substantial We are holding hearings because there It was sharp, on the ball, had plans, amount of contracting in Iraq, no-bid is no oversight in the Congress. My in- and it made things happen. contracts, that are worth billions of tention is not to embarrass anybody Now what has happened to FEMA? dollars. I have held six or seven hear- but to represent the taxpayer. Let me describe it. I will not go into ings on this subject. It ranges from the This represents hundred-dollar bills great length about FEMA because ev- small, a fellow holding up a towel, a wrapped in Saran Wrap. This fellow erybody knows some of the top posi- hand towel, because he worked for Hal- testified at a hearing I held. He said: In tions of FEMA were filled with cronies liburton Corporation, which was sup- our area, we wrapped up hundred-dollar who had no experience at all in disaster pose to buy towels for our troops in bills like this in Saran Wrap and told preparedness or emergency services Iraq. He holds up a hand towel and contractors—this is contracting in and that then it was subsumed into the says: I was the purchasing agent and Iraq—bring a bag because we pay in Homeland Security Department. I do was supposed to buy towels for the cash. If we owe you some money, bring not need to go into great length about troops. But the company wanted their a bag, we pay in cash. He said they ac- that. logo imprinted on the towels, which tually played football in this office by As shown in this picture, this is a nearly doubled the price. passing back and forth these batches of truckdriver. We had a hearing the So the American taxpayer paid twice hundred-dollar bills wrapped in Saran other day and he testified. This truck- the price, or nearly twice the price, for Wrap. He said it was like the Old West. driver, by the way, was contracted for these towels because the company Just bring a bag; if we owe you money, by a company that was doing work for wanted the logo on the towel. we fill it with cash. FEMA. He was asked to haul ice. You

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11515 can see all these trucks in the picture. them. They said: Who is going to sign tarnish anybody. It is an investigation There were hundreds of trucks where for them? He said: It shouldn’t matter to evaluate what on Earth is wrong he was sitting. He was asked to haul to you. Once I have paid for them, with the oversight for this waste and ice to the victims of Hurricane you’re out of the picture. They said: fraud and corruption that exists in Katrina. We can’t do that. You haul them up to these contracts. He picked up a load of ice with his 18- Massachusetts. We are going to store In the newspaper this morning, in the wheeler in New York, and away he them. Style section, there is a picture of a went. They said: We want you to go to I told this story and somebody, the woman named Bunny Greenhouse, who Carthage, MO, so he drove his 18-wheel other day, said: Yeah. That’s just one was the highest ranking official in the truck, with a refrigerated trailer, to trucker. Oh, yeah, don’t let the facts Corps of Engineers in the U.S. Govern- Carthage, MO. He got there, and they get in the way of good theories, right? ment working in the Pentagon. She said: Well, but now you need to go to This is one trucker, but he said there lost her job. What a remarkable Maxwell Air Force Base in Alabama. were hundreds of truckers in exactly woman. She has three masters degrees. He said: Well, it would have been good the same situation. to know that when I left New York. I This was chaotic bungling. And who As an aside, I did not know this, but would have saved about 700 miles. But gets paid for this? Well, I assume the the story says she comes from a dirt- that was the way it was, so he headed contractor FEMA had who directed poor background. Her parents were off with his truck to Maxwell Air Force these truckers to haul ice cubes from uneducated. Her sister became a pro- Base, AL. New York to Massachusetts or, inci- fessor. Her brother, incidentally, He got to Alabama with a load of ice, dentally, a trucker who hauls ice cubes scored 27,000 points in the National and was parked at the Air Force base from Canada down to Maxwell Air Basketball Association, and was rated with many others, hundreds of other Force Base and back to Canada. What one of the 50 best basketball players to trucks, we are told, that had food, unbelievable waste. ever play the game—Elvin Hayes. blankets, clothing, ice—all the things So now here is the second piece of all Bunny Greenhouse, this woman, rose the victims of Hurricanes Katrina and of this and why there needs to be inves- to become the highest ranking civilian Rita were begging for on television. He tigations. This is a dormitory, by the official in the Corps of Engineers. She was sitting there, watching the little way, as shown in this picture. It does just lost her job. Do you know why? All not look much like a dormitory. It television in his truck, hearing the vic- of her references, all of her evaluations looks like a bunch of two-by-fours with tims of these hurricanes describing were outstanding—outstanding. What a blankets on top. This picture was what their needs were—and the needs terrific person—until she started tell- taken last Saturday in Louisiana. were in the back of these trucks. ing the ‘‘old boys network’’: You can’t He sat there 12 days—12 days—and he These people are not from Louisiana. do what you are doing here. You can’t finally went up to them and said: What These people were brought in to re- give Halliburton big no-bid contracts is going on? They said: We have place some people from Louisiana who and even have them sitting in on the changed our mind. We want you to had jobs—qualified electricians who meetings about the scope of the work. drive your truck with ice to Idaho. He had jobs—to begin doing some work said: I didn’t know there was a hurri- under a contract. Those workers from You cannot do that. It violates all of cane in Idaho, and I don’t intend to Louisiana are displaced now by work- the rules and procedures. The minute haul this ice to Idaho. They said to ers, most of whom, incidentally, are ex- she started interrupting the little play- him: You have a bad attitude. We are pected to be undocumented workers, ground that exists with these favorite thinking of having the National Guard who will come in and work for a frac- no-bid contracts, all of a sudden she escort you off this base. tion of the wage you would pay the was persona non grata. It cannot be funny because it is so people from Louisiana who need the You can read the story in this morn- unbelievably inept. But about 2 hours jobs. ing’s Washington Post. She has been after they told him that, they said: OK, Why? Because Davis-Bacon is waived. here twice to talk to us on Capitol Hill. we have changed our mind; you won’t What is Davis-Bacon? It is a foreign Not many seem to care about that. But go to Idaho. You haul this ice to Mas- language to a lot of people, perhaps. it is a symptom of something much sachusetts. This is like that television The Davis-Bacon provision, in law for more than her; it is a symptom of a program, ‘‘Where in the World is Car- some long while, says when you are culture about corruption, about waste, men San Diego?’’ If I had a map, I going to have the Federal Government and, yes, fraud. If you wonder whether would show you where these ice cubes come in and do contracting work, the that is justified, I will be happy to give went. To help the victims of the hurri- Federal Government must pay the pre- you, and anyone in the Senate who cane, directed apparently by FEMA vailing wage. The contractors who wants, the written testimony of a good and its contractor, they went from New work for the Federal Government must many witnesses who have testified on York City, to Carthage, MO, to Max- pay the prevailing wage. They cannot these very issues. try and ratchet up a contract for them- well Air Force Base, AL, to storage, So my proposition is simple. My selves by abusing their workers and de- now being paid for by the U.S. Govern- proposition is Congress should estab- ciding to pay them a tenth or a half of ment, in Massachusetts. lish a type of Truman committee. I de- We paid $15,000 for this one truck to what they should be paid. You have to scribe it as a Truman committee be- haul ice cubes between New York and pay the prevailing wage. cause we have done it before—a special Massachusetts—destined for victims of Well, the minute that happened in committee that takes a hard look at the hurricane. What unbelievable—un- this area, the people who had the jobs all of this contracting that is going on believable—ineptness by a Federal these people now have—the people, by and tries to shut down the waste, agency. This truckdriver could have the way, who were from Louisiana, fraud, and abuse the taxpayers in this run FEMA better than that. skilled electricians, who needed the When he testified, he said: It would work in the shadow of Hurricanes country should not have to be accept- have been easy. All they would have Katrina and Rita—lost their jobs. The ing and this Congress should not allow. had to have is some sort of transpor- foreman who was on the jobsite with This committee would not be necessary tation system by which everybody calls them was here and talked to me about if we had aggressive oversight commit- in there and then you are directed. No it. They lost their jobs because they tees. such thing. were replaced by these folks: largely Let me say that the chairman from He finally said to them, as he sat 12 undocumented workers willing to work Missouri and the ranking member from days on the base before they sent him for a fraction of the cost—not from the State of Washington—this is an ap- to Massachusetts with his ice cubes: Louisiana. The folks from Louisiana propriations committee. I just de- I’ll tell you what I’ll do; I will pay for who had those jobs lost them with re- scribed the job they have done. They the ice cubes in my truck. I will pay construction. That is what is hap- have done a great job. This amendment you $1,500. They said: What are you pening. has nothing to do with them. They are going to do with them? He said: I’m My point is this: There needs to be good appropriators. I am proud of their going to haul them to Biloxi, MS, and some investigation. I am not sug- work. This appropriations sub- give them away to victims who want gesting that it is an investigation to committee, is awfully good, and I am

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11516 CONGRESSIONAL RECORD — SENATE October 19, 2005 here to support the subcommittee Mr. DORGAN. Mr. President, I, in fered an amendment myself. Although work. So my amendment does not have fact, will agree to a time agreement at both of the amendments would raise anything to do with them. some point. I have no intention of ex- the minimum wage by the same But I would say this: Almost every- tending debate. I do want to make amount, $1.10 over 18 months, only my one who watches this Congress work some additional comments at some amendment recognizes the enormous understands there is virtually no over- point when we set up a vote, but I un- burden mandates such as this one have sight and no accountability after we do derstand there are others who wish to on American’s small business and appropriate that money. The American offer an amendment, so I will be happy works to alleviate that. We probably taxpayers deserve better than that. We to allow this to be set aside, after ought to be in agreement on this since have had a previous vote, and we had which I will consult with the Senator the numbers are the same. All I do is more than a majority of the Members from Missouri and the Senator from add some things that will offset those of the Senate say no, they do not want Washington about a time for the vote. burdens that have been placed with the to have anything to do with a special The PRESIDING OFFICER. Without minimum wage. committee to take a look at inves- objection, it is so ordered. When Senator KENNEDY offered his tigating this waste, fraud, and abuse. I Mr. BOND. Mr. President, I thank my original amendment, he referred to its hope others will change their mind. colleague. I believe there are some on economic effect as ‘‘a drop in the buck- This is not about Democrats and Re- this side who will want to respond. I et in the national payroll.’’ A drop in publicans; it is about protecting the hope we can get a tight timeframe be- the bucket in the national payroll? American taxpayers. And it is about cause we are going to be very busy this Comments like this are precisely why making sure we root out the waste, week. We have to finish this measure. small business owners across the Na- fraud, and abuse that exists in these AMENDMENT NO. 2113 tion feel that Washington, DC, politi- sole-source contracts. What is hap- Mr. President, now, since it appears cians do not understand their needs. pening is almost unbelievable to me. we are going to be having some action We must also bear in mind that these Yet this Senate seems nearly asleep on today, I ask unanimous consent that are the people who create jobs, who these issues. we bring up the amendment filed this provide an increasing percentage of Mr. President, I call up amendment morning, amendment No. 2113. I believe employment for all workers, including No. 2078 and ask for its immediate con- it can be adopted by a voice vote, with those with minimum skills. It is usu- sideration. ally the small business that takes a The PRESIDING OFFICER. Without Senators who wish to speak on it per- mitted to speak during time later on person who has minimum skills and objection, the pending amendment will trains them to a higher level. Quite be set aside. The clerk will report. today. The PRESIDING OFFICER. Without often, they train them to a higher level The legislative clerk read as follows: where they even start their own busi- The Senator from North Dakota [Mr. DOR- objection, the amendment is pending. Is there further debate? If not, the ness or they go to work for somebody GAN] proposes an amendment numbered 2078. else, taking the skills from where they Mr. DORGAN. Mr. President, I ask question is on agreeing to the amend- ment. are to an even higher level. unanimous consent that reading of the A lot of the problem with employ- amendment be dispensed with. The amendment (No. 2113) was agreed to. ment in the United States is that we The PRESIDING OFFICER. Without don’t have the people in the right objection, it is so ordered. Mr. BOND. Mr. President, I move to reconsider the vote. places for the employment. They could (The amendment is printed in the be making more at what they are doing RECORD of Tuesday, October 18, 2005, Mrs. MURRAY. I move to lay that motion on the table. if they were in a different place. But under ‘‘Text of Amendments.’’) sometimes they are not willing to Mr. DORGAN. Mr. President, let me The motion to lay on the table was move. They need more training, too. make the point that this amendment agreed to. We have provisions for more training. differs from one we have considered Mr. BOND. Mr. President, I thank my colleagues and I look forward to action I would like to mention a little facil- previously in that the scope of the ity we have in Casper, WY, that will evaluation and investigation of expend- on the bill. The PRESIDING OFFICER. The Sen- train people to work on oil rigs, and itures and contracting would include placement is 100 percent. The min- not just with respect to Iraq but also ator from North Dakota. Mr. DORGAN. Mr. President, I ask imum is $16, and depending on what the contracting and reconstruction in part of it you do, how long you are the gulf in relation to Hurricanes unanimous consent to be added as a co- sponsor on the amendment offered by there, and what other skills you pick Katrina and Rita damages. up, it goes considerably higher than The PRESIDING OFFICER. The Sen- the Senator from Missouri. that. ator from Missouri. The PRESIDING OFFICER. Without The mines in Campbell County, WY, Mr. BOND. Mr. President, I thank my objection, it is so ordered. are looking for additional employees. colleague for bringing this forward. As The Senator from Wyoming is recog- There are some requirements. You I mentioned, this is an appropriations nized. have to have a clean drug record. You bill. It is a very important subject he AMENDMENT NO. 2115 have to be able to pass a drug test be- has raised, but I raise a point of order Mr. ENZI. Mr. President, I send an cause when you are working around under rule XVI that this is legislation amendment to the desk and ask for its heavy equipment, if you don’t have all on an appropriations bill. immediate consideration. of your capacities, you can hurt people, The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The ator from North Dakota. including yourself. That should not clerk will report. happen. So they do have requirements Mr. DORGAN. Mr. President, pursu- The legislative clerk read as follows: ant to rule V, I have offered proper no- about having to have drug tests. But if tice to suspend the rules. My expecta- The Senator from Wyoming [Mr. ENZI] pro- you can pass the drug test, they will poses an amendment numbered 2115. tion would be we would have a vote on train you for the heavy equipment you suspension of the rules. As the Senator Mr. ENZI. Mr. President, I ask unani- need to operate in the mine. We are knows, I referenced that in the Senate mous consent that reading of the talking $50,000, $60,000, $70,000 without Journal last evening. amendment be dispensed with, since overtime, and then you have the right The PRESIDING OFFICER. The mo- copies have been given to both sides. on both of those to have overtime as tion to suspend is debatable. The PRESIDING OFFICER. Without well, probably to the extent of what- The Senator from Missouri. objection, it is so ordered. ever you are willing to put in and the Mr. BOND. Mr. President, I ask unan- (The amendment is printed in today’s law allows. There are some constraints imous consent that this measure be set RECORD under ‘‘Text of Amendments.’’) on it since you are handling heavy aside so we can work out a time for a Mr. ENZI. Mr. President, I rise in op- equipment, but those are also nontradi- vote on the measure. position to the amendment offered by tional jobs. The PRESIDING OFFICER. Is there Senator KENNEDY that would increase We had a marvelous hearing in the objection? the Federal minimum wage. I have of- HELP Committee. We had a person

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11517 from New York City. The young lady What we need to focus on is not an because a phony minimum wage went was talking about the training she had artificially imposed number but on the in, then their buying ability did not in- received in nontraditional jobs and the acquisition and improvement of job crease at all. How pleased can you be if way her wages had increased. Quite and job-related skills. In this context, you get more money and you can’t buy frankly, at the present time she makes we should recognize that only 68 per- anything more? What we are trying to more than a U.S. Senator. What she is cent of the students entering the ninth do is set up a system where people will doing is putting rock trim on sky- grade 4 years ago are expected to grad- make more true wages and, with the scrapers in New York. But there are uate this year. And for minority stu- true wages, be able to purchase more some tremendous things out there, if a dents, that hovers right around 50 per- than they could before. Some of that is person gets the opportunity and takes cent. In addition, we continue to expe- basic need, but we are hoping they all the opportunity to increase their rience a dropout rate of 11 percent per get past the basic need level and can skills. If you are a minimum-skill per- year. These noncompletions and drop- get into the wants and desires as well, son, if you are just doing the job and out rates and the poor earnings capac- that they can be part of the American getting by and not learning anything, ities that come with them can’t be dream. you are going to get minimum-skill fixed by a Federal wage policy. We Skills, however, operate differently wages. have to get the kids to stay in school, than wages. Skills do create sales, and I mentioned just getting by, just put- to get the education. We have to make sales produce revenue. Skills do create ting in the time. There is a difference. sure the education is relevant and that productivity. Skills get compensated I know when my dad was interviewing when they graduate at whatever level, with higher wages or people find an- people for the shoe business, he some- there is a job out there for them and other job. The employee simply goes times said, after he had interviewed that the job is transportable, that they elsewhere for higher wages. Wage in- them: That person told me they had 5 can take their skills other places in the creases without increased sales or years’ experience. I asked them a few country, as those areas open up, with a higher productivity have to be paid for questions, and what they had is 1 higher wage for those skills, and that with higher prices. Higher prices wipe month’s experience 60 times because they have the knowledge to be able to out wage increases. Skills, not artifi- they never learned anything from the learn, to continue to advance their cial wage increases, produce true net first day they were on the job. They skills so that when they move, they get gains in income for the individual and didn’t have basic skills. He believed in more. for the business. When it increases for training people and making sure they What we want are the best jobs kept the business, it increases their likeli- had, in 5 years, actually 5 years’ worth in America for the people who live in hood of keeping their job and getting experience. I can guarantee you, after America. That is an opportunity we to advance. The minimum wage should the very first short training time, they have but not with an artificially man- be for all workers what it is for most— never had minimum wage. But it is dated minimum wage. I would hope a starting point in an individual’s life- tied to the skills. long working career, their lifelong So to suggest that this is a drop in that nobody in the United States would learning career. Those who advance in the bucket in the national payroll is a work at the minimum wage. I know for any jobs are the ones who look at it little bit offensive and does not recog- a fact that most of the people who and say: How can I do this better? If nize the job that small business is start at minimum wage, if they pay at- doing at getting people into the work- tention to their job, are not in min- they come up with a way to do it bet- force and actually training them. It is imum wage very long. If they pick up ter, they will get more compensation. particularly offensive to employers to the skills, they get paid for those Their business will make more money suggest that a 41-percent increase in skills. That is so that they don’t go or they will go start their own busi- their labor cost, which is what is being somewhere else and work. But if they ness, which is also a dream of mine, to proposed at this time, amounts to a don’t have the skills, they are lucky to get people to do that. I hold an inven- drop in the bucket. A 41-percent in- get a job at all. I have people I have tors conference every year. The pur- crease in labor costs forces a small hired before who couldn’t read. What pose of that conference is to get people businessperson to face choices such as kind of opportunities do they have if to invent about their surroundings and whether to increase prices, which often they can’t read? We have them in lit- their jobs and to find some product is not a choice, or face a potential loss eracy programs. We moved them into that they can make in Wyoming and of customers from lack of service or GED programs and trained them in ship around the world. I have found whether to reduce spending on health something they could do and be proud that anybody who has figured out a insurance coverage or other benefits to of, and that is a higher wage. way to make a living in Wyoming lives employees or to terminate employees. We must keep this in mind. The in Wyoming. We are a little short on These choices are far more significant phrase ‘‘minimum wage worker’’ is an jobs out there. That is why we only than a drop in the bucket, particularly arbitrary designation. A more accurate have 494,612—that is last week’s num- if you are the employee who got termi- description and one that should always ber—living in Wyoming. We hope to get nated. It is a 100-percent problem to be at the center of the debate is that past that half-million mark, but it does you. we are seeking to address those work- require jobs. The way to get jobs is to Apart from its failure to mitigate the ers who have few, if any, skills they have the skills to be able to improve cost of this mandate for small busi- need to compete for better jobs—that is what you do. nesses, the Kennedy amendment also what we are doing in the United The minimum wage should be for fails to address the root of the problem States, competing—and then command workers what it is for most; that is, a for our lowest paid workers. I have higher wages. The effect may be low starting point in an individual’s life- touched on that a little bit. Congress, wages, but the cause is low skills. In long working career, their lifelong by simply imposing an artificial wage short, the problem is not the minimum learning time. Viewed as a starting increase, will not meaningfully address wage, the problem is minimum skills. point, it becomes clear that the focus the real issues of our lowest paid work- If we are to approach this debate in a needs to be less on where an individual ers. Regardless of the size of any wage constructive and candid way, we need begins his or her working career. In- increase Congress might impose, the to acknowledge certain basic principles stead, more emphasis should be placed reality is that yesterday’s lowest paid of economics. Wages do not cause sales. on how an individual can best progress. worker, assuming he still has a job, Sales are needed to provide revenue to Real wage growth happens every day, will continue to be tomorrow’s lowest pay wages. Revenue drives wages. and it is not a function of Government paid worker as well. That is not ad- Wages can cause productivity, but the mandate. It is the direct result of an vancement. Advancement on the job productivity has to come first to be individual becoming more skilled and, and earned wage growth cannot be leg- able to afford the wages. When we raise therefore, more valuable to his or her islated. We do a disservice to all con- the minimum wage, we are raising the employer. As a former small business cerned, most especially the chronic low price somehow. The people who get the owner, I know that these entry-level wage worker, to suggest that a Federal minimum wage have to buy stuff just jobs are a gateway into the workforce wage mandate is the answer. like everybody else. If the price goes up for people without skills or experience.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11518 CONGRESSIONAL RECORD — SENATE October 19, 2005 These minimum-skill jobs can open the ple better be able to change to get not create jobs. The Congressional door to better jobs and better lives for those jobs, and they are going to have Budget Office has said: low-skilled workers because they get to change pretty dramatically. It is Most economists would agree that an in- more skills if we give them the tools going to be based on the education crease in the minimum wage rate would they need to succeed. they get and then the skills they ac- cause firms to employ fewer low-wage work- We have a great example in Chey- quire in the workforce after they get ers or employ them for fewer hours. enne, WY, of minimum-skilled workers out of school. School is never out; That is a CBO estimate, October 18, who were given the tools and the op- learning is never over. 1999. portunity to reach the American To support these needs, we do need a What every student who has ever dream. Mr. Jack Price, who is the system in place that can support a life- taken an economics course knows is if owner of 8 McDonald’s in Wyoming— time of education, a lifetime of train- you increase the cost of something—in and we use McDonald’s as kind of a de- ing and retraining for our workers. The this case a minimum wage job—you de- rogatory thing with people as being a end result will be the attainment of crease the demand for those jobs. Mis- minimum wage establishment; I assure skills that provide meaningful wage leading political rhetoric cannot you that people who start there, who growth and competition—successful change the basic principle of supply learn something, are not at the min- competition—in the international mar- and demand. The majority of econo- imum wage very long—has had 3 em- ketplace. mists continue to affirm the job-killing ployees who started working at As legislators, our efforts are better nature of mandated wage increases. A McDonald’s at the minimum wage, and focused on ensuring that the tools and recent poll concluded that 77 percent— those 3 employees now own a total of 20 opportunities for training and enhanc- that is nearly 17,000 economists; that is restaurants. They learned something. ing skills over a worker’s lifetime are scary, isn’t it?—but 77 percent, nearly They started at minimum wage. They available and fully utilized than they 17,000 economists believe that a min- didn’t like it, I am sure. They learned. are on imposing an artificial wage in- imum wage hike causes job loss. They got experience. They delved into crease that fails to address the real We simply cannot assume that a it and found out all they could about issues and, in the process, does more business that employs 50 minimum the business and wound up owning the harm than good. wage workers before this wage increase Skills and experience, not an artifi- business. That is what we want for peo- is enacted will still employ 50 min- cial Federal wage hike, will lead to ple. It requires some individual initia- imum wage workers afterwards. lasting wage security for American tive, and it does require starting at the Whether a business is in Washington or workers. We have to compete. It is an bottom. With almost every job, you Wyoming, employers cannot absorb an international competition. Skills have to start at the bottom. If you increase in their costs without a cor- count. learn it, you can progress in it. Three responding decrease in the number of As chairman of the Health, Edu- employees at McDonald’s who started jobs or benefits they can provide work- cation, Labor, and Pensions Com- at the minimum wage now own 20 res- ers. So we know there are losers when mittee, one of my priorities is reau- taurants. we raise the minimum wage, but who It is a great success story. That is thorizing and improving the Nation’s are the individuals who will benefit? where I would like people to go. This job training system that was created Minimum wage earners who support type of wage progression and success by the Workforce Investment Act. This a family solely based on wage are actu- should be the norm for workers across law will help provide American work- ally few and far between. Fully 85 per- the country. However, there are some ers with the skills they need to com- cent—85 percent—of the minimum minimum-skilled workers for whom pete in the global economy. That will wage earners live with their parents, stagnation at the lower tier wage is a lead to real, not artificial, wage in- have a working spouse or are living longer term proposition. creases. The answer for these workers, how- Last year, I was denied a conference alone without children—85 percent; 41 ever, is not to simply raise the lowest committee being appointed to resolve percent live with a parent or relative; wage rung. Rather, these individuals the differences with the House on this 23 percent are single or are the sole must acquire the training and skills important bill by the very people pro- breadwinner in a house with no chil- that result in meaningful and lasting posing this increase. This year, we re- dren; and 21 percent live with another wage growth. We must equip our work- ported it out of the HELP Committee wage earner. ers with the skills they need to com- by a unanimous voice vote again. It Our research shows that poor tar- pete in technology-driven global econo- was unanimous coming out of com- geting and other unintended con- mies. mittee 2 years ago, it was unanimous sequences of the minimum wage make It is estimated that 60 percent of to- passing the floor of this body, it was it terribly ineffective at reducing pov- morrow’s jobs will require skills that unanimous passing out of committee erty in America, the intended purpose only 20 percent of today’s workers pos- again this year, and it is waiting to of the policy. In fact, two Stanford sess. Let me say that again. It is esti- come to the floor. I am hoping we can University economists concluded that mated that 60 percent of tomorrow’s get consent to get it over to a con- a minimum wage increase is paid for by jobs will require skills that only 20 per- ference committee with the House. higher prices that hurt poor families cent of today’s workers possess. This bill will start an estimated the most. Here is another interesting point. It 900,000 people a year on a better career A 2001 study conducted by Stanford is also estimated that the graduating path. You can’t tell me that some of University economists found that only student will likely change careers the same people who are denied the op- 1 in 4 of the poorest 20 percent of fami- some 14 times in their life. There are a portunity in the last Congress now lies would benefit from an increase in lot of people in America whose parents think a magic redetermination of the the minimum wage. The way to im- went to work for one company, worked lowest wage for the lowest skills will prove—truly improve—the wages and there 30 years and retired. I am talking change people’s lives. salaries of these American workers is about a different world. It is estimated Outside the glare of election year through education and training, not an that the graduating students will like- politics, I hope we can quickly pass a artificial wage increase. ly change careers some 14 times in job training bill that will truly im- With these realities in mind, I am of- their life. prove the wages and lives of workers in fering an amendment that recognizes Here is the part that is even more this country. the true cost of a minimum wage in- stunning, and I am not talking about Let’s be clear about what a minimum crease on American workers and busi- changing employers. I am talking wage hike will and will not do. First, nesses, particularly small businesses. about changing careers. Of those 14 ca- we must realize that large increases in My amendment includes a minimum reers, 10 of them have not even been in- the minimum wage will hurt low-in- wage increase of $1.10, which is just vented yet. We don’t even know what come, low-skilled individuals. Man- like Senator KENNEDY’s amendment this change in technology is going to dated hikes in the minimum wage do right now. So we are really not talking bring about, but we do know that peo- not cure poverty, and they clearly do about the minimum wage amount.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11519 My amendment addresses other needs been hiked, the economy has under- employees. They don’t have any spe- for reform and the needs of small busi- gone dramatic shifts, and the way work cialists out there. Big business can hire nesses that create most of the jobs in is done in this country has changed for- people to take a look at the paperwork, this country. That is where the two ever. The pending amendment raises and small business has to stay as lean amendments differ. I have added some that threshold to $1 million to reflect and mean as they can to make a profit. things beyond the $1.10 minimum wage those changes. It ought to be at $1.5 Look at the difference between profits increase, and that is to smooth out the million. That is what inflation shows. in your small businesses and your big bump a little bit for these small busi- But we are being reasonable. I like to businesses, and you will see they are nesses that are creating these jobs, be reasonable on any of the proposals I staying pretty lean and mean. that are providing the training, that put forward. So instead of going from a I remember the first hearing I held in are helping people get better skills so half a million dollars to $1.5 million, Wyoming after I became a Senator was they can get better jobs. this bill only raises it to $1 million to on small business issues. So my amendment addresses other reflect part of those changes. One has to remember, Wyoming has needs for reform and the needs of small My amendment also incorporates bi- kind of a small population. So I was businesses that create most of the jobs partisan technical corrections that thrilled when people from about 100 in this country. Therefore, my amend- were originally proposed in 1990 by businesses showed up for this hearing. ment is protective of economic growth then-Small Business Committee Chair- Afterwards, one of the reporters and job creation. I think if we had man Dale Bumpers, who used to serve came up to me and said: Were you not worked this out in committee, prob- on that side of the aisle when I was kind of disappointed in the turnout? ably the other side would have accept- first here. It was cosponsored over the I said, no, I was not disappointed in ed what I am about to do in additional years by Senators REID of Nevada, the turnout. These are small businesses pieces to this bill, and a lot of this dis- HARKIN, PRYOR, MIKULSKI, BAUCUS, we are talking about, and if they had cussion would not have been necessary. KOHL, and many others. an extra person to spend half a day at As those Senators can attest, the De- Let me briefly review the provisions a hearing, they would fire them, as partment of Labor disregarded the will contained in my amendment. In doing they have, to stay mean and lean, to so, we must bear in mind that small of Congress and interpreted the exist- ing small business threshold to have stay in business. businesses continue to be the engine of So there is a whole world of dif- our economy and the greatest single little or no meaning. The Labor De- partment would make a Federal case ference in trying to meet some of the source of job creation. Any wage in- Federal paperwork mandates that are crease that is imposed on small busi- out of the most trivial paperwork in- fraction by the smallest businesses be- fineable. They are hard enough to learn nesses poses difficulties for that busi- cause of what it interpreted as a loop- about, so the first mistake that does ness, the owner, and his or her employ- hole in the law. Some would say that not affect anybody and is corrected im- ees. I will tell you, in small business, the 1989 bill to hike the minimum wage mediately ought not to be a fine. Even the employees recognize how tenuous and small business threshold was the best intentioned employer can get their job is. There are not a whole lot unartfully drafted and permitted this caught in the myriad of burdensome of layers that can be laid off before result. Others say the Department is paperwork requirements imposed on they get to them because there is the misreading the clear language of the them by the Federal Government. owner and a couple of employees. And statute. The owners of small businesses are because there are just a few in the Regardless, the fact is that a thresh- not asking to be excused from the obli- business, they know how the business old enacted by Congress is not pro- gations or regulations, but they do be- operates. They know what the dollars viding the balance and fairness that lieve they deserve a break if they have coming in are and what the ability is was intended. This amendment cor- previously complied perfectly with the to change that unless they can increase rects that problem by stating clearly law. productivity or sales. that the wage and overtime provisions As Jack Gold, the owner of a small Any wage increase that is imposed on of the Fair Labor Standards Act apply family business in New Jersey, told small businesses poses difficulties for to employees working for enterprises Congress a few years ago at one of our that employer and his or her employ- engaged in commerce or engaged in the hearings: ees. My amendment recognizes that re- production of goods for commerce. My No matter how hard you try to make your ality and provides a necessary measure amendment also applies those wage- business safe for your employees, customers, of relief for those employers. My and-hour worker safeguards to home neighbors and family members, in the end, if amendment would make the following work solutions. a government inspector wants to get you, changes that are critical, particularly The second change: ensuring proce- they can get you. The government cannot for small business. dural fairness for small business. This tell me that they care more for my family’s First, we would update the small safety and my company’s reputation than I next provision is commonsense, good do. business exemption. Having owned a Government legislation. Surely, we can small business in Wyoming, I can speak all agree that small business owners, When one has a small business, the from personal experience about how the individuals who do the most to people who work there are part of a difficult any minimum wage increase is drive our economy forward, deserve a family. Small business men and women for small business and job growth, par- break the first time they make an hon- who are first-time violators of paper- ticularly for the entry-level people dur- est paperwork mistake when no one is work regulations deserve our protec- ing the first couple of months they are hurt and the mistake is corrected. tion. on the job. Small business owners have told me The third change: Providing regu- Small businesses generate 70 percent over and over how hard they try to latory relief for small businesses. As of new jobs. Let me say that again. comply with all the rules and regula- any increase in the minimum wage Small businesses generate 70 percent of tions imposed on them, mostly by the places burdens on small employers, it new jobs. Since a negative impact of a Federal Government. As a former is only fair that we simultaneously ad- minimum wage increase will affect owner of a small business myself, I dress the ongoing problem of agencies small business most directly, we have know what they mean. Yet for all that not fully complying with congressional proposed addressing the small business work, a Government inspector can fine directives contained within the Small threshold which is set under current a small business owner for paperwork Business Regulatory Enforcement law at half a million dollars. If the violations alone, even if the business Fairness Act. original small business threshold, has a completely spotless record and I will say that again: The Small Busi- which was enacted in the 1960s, were to the employer immediately corrects the ness Regulatory Enforcement Fairness be adjusted for inflation, it would be unintentional mistake. Who is hurt? Act. The titles are long to read, let over $1.5 million. Nobody is hurt, but it is an extra bur- alone the bills that go with them. The small business threshold was last den on small business. Under the law, agencies are required updated 15 years ago. In those ensuing I have to tell you a little bit about to publish small entity compliance years, the national minimum wage has small business. They don’t have a lot of guides for those rules that require a

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11520 CONGRESSIONAL RECORD — SENATE October 19, 2005 regulatory flexibility analysis. Unfor- cause the other parent is working for a tions that this is taking overtime away tunately, agencies have either ignored private company. from anybody, I would contend, even this requirement, or when they tried to Why would we discriminate that under the comp time solution is not comply have not done so fully or care- way? Why would we allow Government valid. Under a flextime proposal, it is fully. Now, the previous issue I talked workers to do some things that the pri- not valid. Again, it is the same thing about was small businesses having a vate ones cannot do under the same that we decided that Federal employ- little imperfection in a regulation for law? ees could have, and if we would put any the first time and correcting it imme- Flexible work arrangements have extra strain on a Federal employee I diately. Now we are talking about the been available in the Federal Govern- am sure that would be illegal under Federal Government having problems ment for over two decades. This pro- wage and labor laws. So what we are and ignoring requirements. gram has been so successful that in proposing is the same thing as Federal We do not have a penalty for that, 1994 President Clinton issued an Execu- workers. but it is something to which the Fed- tive order extending it to parts of the Now, as I mentioned, this provision eral agencies have to pay attention, Federal Government that had not yet will allow them the option of flexing and my amendment does this by in- had the benefits of the program. Presi- their schedules over a 2-week period, cluding specific provisions that the dent Clinton then stated: give them up to 10 flexible hours they Government Accounting Office has sug- The broad use of flexible arrangements to could work in 1 week in order to take gested to improve the clarity of the re- enable Federal employees to better balance paid time off during the following quirements. People ought to be able to their work and family responsibilities can week. This program would be strictly read the rules and know what they say increase employee effectiveness and job sat- voluntary. No employer and no em- without having to hire a specialist or a isfaction while decreasing turnover rates and ployee can be forced to enter into a lawyer. absenteeism. flextime agreement. However, this leg- The fourth change: Removing the Now, why would we not want that to islation prohibits intimidation, barriers to a flexible time arrange- be in the private sector, too? I mean, threats, and coercion by the employers ment. My amendment includes legisla- the private sector ought to have broad and would provide penalties for viola- tion that could have a monumental im- use of flexible arrangements to enable tions of the prohibition. The flextime pact on the lives of thousands of work- their employees to better balance their legislation will not take away anyone’s ing men, women, and families in Amer- work and family responsibilities, which right to overtime pay. ica. This legislation could give employ- would increase employee effectiveness The authority to allow employees ees greater flexibility in meeting and and job satisfaction while decreasing flextime also sunsets 5 years after en- balancing the demands of work and turnover rates and absenteeism. actment of the bill. I am that confident family. The demand for family time is That sounds reasonable to me, that that it will be proven to be a necessity evident. what we said the Government could for the employees, so much so that in Let me give some of the latest statis- benefit from that the private sector all 50 States they will be demanding tics. Seventy percent of employees do could benefit from, too. Why are we not that their Senator keep flextime for not think there is a healthy balance allowing the private sector to do that? them. The only reason it is not being between their work and their personal I could not agree more with Presi- demanded in all 50 States at the life. Seventy percent of the employees dent Clinton, but we now need to go present time is because there are a say that family is their most impor- further and extend this privilege to pri- bunch of employees who have not heard tant priority. vate-sector workers. We know this leg- about it. Employees in Government The family time provision in my islation is not a total solution. We areas such as Cheyenne, WY, have amendment addresses these concerns know there are many other provisions heard about it because, as I mentioned, head on. It gives employees the option under the 65-year-old Fair Labor one spouse has the right because they of flexing their schedules over a 2-week Standards Act that need our attention, work for the Government. The other period. In other words, employees but the flexible time provision is an spouse does not have the right because would have 10 flexible hours they could important part of the solution. It gives they work for private business. work in 1 week in order to take 10 employees a choice, the same choice as I have to say, both of those spouses hours off in the next week. Federal workers. are really upset that we have not We are not shifting pay periods or I want to give a little bit of a sum- changed the law. We need to do that. anything. We are making arrange- mary on that flextime proposal because Sometimes there is some criticism of ments that if the employer and the em- this is a key part of it. I have heard this so I have to repeat again the flex- ployee agree, there can be a shift in some flak before and, again, I think if time proposal does not affect the sanc- their work schedule. Here is a really we were debating this in the committee tity of the 40-hour week. The 40-hour important part. Flexible work arrange- situation and working it out when we week remains the law. Under the flex- ments have been available in the Fed- were not in front of the TV cameras time proposal an employee would earn eral Government for over two decades. that we would probably come up with overtime in the very same way he or We are not asking for anything that this as a reasonable solution. It would she currently does, by working more the Federal Government does not al- be included in a bill, and we would than 40 hours in the same 7-day period. ready allow for Federal employees. probably pass it through by unanimous This proposal does not impact any I have to say, one of the problems consent. But it gets mixed in with the worker who prefers to receive mone- and one of the reasons this came to my minimum wage debate, and needs to be, tary overtime compensation. It will attention is that Cheyenne, WY—that so I want to make sure people under- not require employees to take compen- is our biggest city in Wyoming—has a stand this. satory time—I should say flextime. I do little over 53,000 people. That is the The flextime proposal would provide not even want that word ‘‘compen- capital. We have a lot of Government employees with the option of choosing satory’’ in there because I do not want workers there because it is the capital. time paid off for working overtime any confusion, as has been stated pre- The Government workers are allowed hours through a voluntary agreement viously. Previously, we have offered to take flextime. with their employer. It will do this by flextime and comp time. This is a flex- The private businesses that are there allowing them the option of flexing time proposal. are not allowed to give flextime. So we their schedule over a 2-week period. In It will not require employees to take have one spouse who works for the other words, employees would have up flextime, nor will it require employers Government who can shift their sched- to 10 flexible hours they could work in to offer it. The bill contains numerous ule around to take an afternoon off to 1 week in order to take paid time off safeguards to protect the employee and go watch their child play soccer in an- during the following week. to ensure the choice and selection of other town—and we have to drive some I do not want anybody confusing this flextime. It is truly voluntary on the long distances in Wyoming to get to with a comp time provision that was part of the employee. the other towns to watch the soccer put in before. This does not include the The proposal does not prevent an em- games—but the other parent cannot be- comp time provision. So any accusa- ployee from changing his or her mind

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11521 after he or she chooses time off in lieu There is a false accusation out there, ness one-time paperwork errors relief, of monetary compensation. An em- and it happened in previous debates. when it is for the first time and cor- ployee can choose at any time to cash The Democrats misconstrued the effect rected immediately; the small business out any and all time off. The employer of this change and alleged it would nul- regulatory relief actually being oper- must make the payoff. lify all State wage-and-hour statutes in ated to protect small businesses; the The fifth change I am making: ex- States that do not have a tip credit. minimum wage tip credit for res- tending the restaurant employee tip This was never the intent of the provi- taurant workers; and then some other credit. A major employer of entry-level sion, and additional language has been small business tax relief mainly aimed workers is the food service industry. added to clarify that only affects the at those businesses that will be most The industry relies on what is known minimum wage rate provisions. Fur- affected by what we are doing. as the tip credit, which allows an em- thermore, the provision will only affect I urge my colleagues to oppose the ployer to apply a portion of the em- States that currently lack a tip credit. amendment offered by Senator KEN- ployee’s tip income against the em- So we have added language to clarify it NEDY and urge all Senators to support ployer’s obligation to pay the min- so it is only the minimum wage rate my amendment so we get the whole imum wage. provisions. That is a very important process taken care of. Again, I thank Currently, the Federal law requires a part of that. my colleagues for their patience. I cash wage of at least $2.13 an hour for The sixth provision is a small busi- needed to explain this in some detail tipped employees, and it allows an em- ness tax relief. I apologize for having to since it has not been handled in com- ployer to take a tip credit of up to $3.02 explain all of these on the floor. Again, mittee. of the current minimum wage. To pro- this would be much better as com- I yield the floor. tect tipped employees, current law pro- mittee work, but that has not been the The PRESIDING OFFICER (Ms. MUR- vides that a tip credit cannot reduce an opportunity. KOWSKI). The Senator from Rhode Is- employee’s wages below the required If we are to impose greater burdens land. minimum wage. Employees report tips on small businesses, we should give AMENDMENT NO. 2077 to the employers, ensuring that an ade- them tax relief at the same time. My Mr. REED. Madam President, I ask quate amount of tips are earned. amendment would extend small busi- unanimous consent the pending amend- The facts are that seven States— ness expensing, simplify the cash ac- ment be set aside and further ask Alaska, California, Minnesota, Mon- counting methods, and provide depre- unanimous consent to call up amend- tana, Nevada, Oregon, and Wash- ciation relief for restaurants. All these ment No. 2077, pending at the desk. ington—do not allow a tip credit, how- tax provisions are fully offset; they are The PRESIDING OFFICER. Without ever, requiring raises for an hourly em- paid for. But they, again, smooth the objection, it is so ordered. The clerk ployee when States increase their min- bumps on those businesses that will be will report. imum wage. The lack of a tip credit re- most impacted by an increase in the The assistant legislative clerk read quires these employers to give raises to minimum wage, which gives them a as follows: their most highly compensated em- way to be able to pay the increase in The Senator from Rhode Island [Mr. REED], ployees, the tipped staff, under State the minimum wage. Remember, that for himself, Ms. COLLINS, Mr. KERRY, Mr. minimum wage laws. Non-tipped em- has to be paid for, too. Otherwise it KENNEDY, Ms. SNOWE, Ms. CANTWELL, Mrs. ployees in these States, in these busi- drives them out of business, which CLINTON, Mr. COLEMAN, Mr. HARKIN, Mr. DOR- nesses, are negatively impacted by the means fewer jobs or it requires them to GAN, Mr. SCHUMER, Ms. STABENOW, Mr. mandated flow of scarce labor dollars reduce other benefits, and often there SMITH, Mr. LAUTENBERG, Mr. BAUCUS, Mr. to the tipped positions. In addition, are not other benefits. BINGAMAN, Mr. KOHL, Mr. DURBIN, Mr. JEF- employers in these States are put at a In total, the additional provisions of FORDS, Mr. SALAZAR, Mrs. LINCOLN, Ms. MI- competitive disadvantage with their my amendment are intended to miti- KULSKI, Mr. LEAHY, Mr. ROCKEFELLER, Mr. LIEBERMAN, Mr. JOHNSON, Mr. REID, Mr. colleagues in the rest of the country gate the small business impact of a CORZINE, Mr. LEVIN, and Mr. DODD proposes who can allocate employee compensa- $1.10 increase in the minimum wage. I an amendment numbered 2077. tion in a more equitable manner. share the view of my colleagues, if we Mr. REED. I ask unanimous consent My amendment expands the tip cred- are going to impose such a mandate on the reading of the amendment be dis- it to non-tip credit States, consistent the Federal level, we must do our best pensed with. with the initial establishment of the to soften its blow. This may be the best The PRESIDING OFFICER. Without credit under the Fair Labor Standards we can do today, but I entreat all of objection, it is so ordered. Act. my colleagues to look at the true root The amendment is as follows: I can probably give a little better and of the problem for minimum wage more detailed explanation. What is the workers, and that is minimum skills. (Purpose: To provide for appropriations for tip credit? The tip credit allows an em- the Low-Income Home Energy Assistance We all share the same goals, to help Program) ployer to apply a portion of an employ- American workers find and keep well- At the end of title VI, insert the following: ee’s tip income against the employer’s paying jobs. Minimum skills, not min- obligation to pay the minimum wage. imum wages, are the problem. Edu- ADMINISTRATION FOR CHILDREN AND FAMILIES Federal law requires a cash wage of at cation and training will solve that LOW INCOME HOME ENERGY ASSISTANCE least $2.13 an hour, and it allows an em- problem and lead to the kind of in- For making payments under title XXVI of ployer to take a tip credit of up to $3.02 creased wages and better jobs we all the Omnibus Budget Reconciliation Act of of the current minimum wage. want to create for our Nation’s work- 1981 (42 U.S.C. 8621 et seq.), $3,100,000,000, for the unanticipated home energy assistance Seven States do not allow a tip cred- ers. it, instead requiring the tipped employ- needs of 1 or more States, as authorized by Let’s work together to get the Work- section 2604(e) of the Act (42 U.S.C. 8623(e)), ees receive the same minimum wage as force Investment Act passed and which amount shall be made available for other employees. Non-tipped employees conferenced—conferenced this time—so obligation in fiscal year 2006 and which are negatively impacted by the flow of the President can sign it and get high- amount is designated as an emergency re- scarce labor dollars. This amendment er skills training accelerated. quirement pursuant to section 402 of H. Con. expands the tip credit to non-tip credit Let me run through quickly what Res. 95 (109th Congress), the concurrent reso- States, consistent with the initial es- those six proposals are: raise the min- lution on the budget for fiscal year 2006. tablishment of the credit under the imum wage by $1.10 over 18 months—we Mr. REED. I also ask unanimous con- Fair Labor Standards Act. Therefore, agree on that; permit family flextime sent Senator DODD be added as a co- States which do not currently recog- for workers so that workers in private sponsor to the amendment. nize the tip credit will be allowed to business have the same opportunity as The PRESIDING OFFICER. Without take a credit for tips of up to $3.02 of workers in the public sector; increase objection, it is so ordered. the minimum wage, which will be $6.25. the small business exemption from the Mr. REED. I further ask unanimous For other current law, this calculation Fair Labor Standards Act so that the consent that Senator NELSON of Flor- will be based on employees’ own report- small business level changes from ida be added as an original cosponsor of ing of tips to their employers. $500,000 to $1 million; the small busi- amendment No. 2113.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11522 CONGRESSIONAL RECORD — SENATE October 19, 2005 The PRESIDING OFFICER. Without Mr. REID. We, of course, have no ob- These high prices greatly increase objection, it is so ordered. jection if you get the floor following the need for assistance. More low-in- Mr. REED. Madam President, the Senator BAUCUS. come families are going to be in dire topic of this amendment is increasing The PRESIDING OFFICER. Is there straits. Moreover, as it increases, it the funds available for the Low-Income objection? has an impact on the amount of money Home Energy Assistance Program, Mr. BROWNBACK. Let me make sure that can be given out, so we have a pot LIHEAP. We are about to see a second I understand this. of money that is going to have to be tidal surge from Katrina and Rita; it is Mr. REID. I asked the Senator from spread over a larger population at a not rising waters, it is rising energy Rhode Island to yield to the Senator time when prices are soaring. prices, and those rising prices are going from Montana. He has a brief state- Last year, there was an average ben- to break with ferocity on people all ment and unanimous consent request efit in Maine of $480. This year it is ex- over this country, particularly those he is going to make. Then I have no pected that the benefit would have to individuals who live in States that are problem. be cut to $440. That would purchase going to see a cold winter, which is be- Mr. REED. Reclaiming the floor, I only 173 gallons of oil, far below last ginning shortly. Low-income Ameri- ask how long the Senator from Mon- year’s equivalent benefit of 251 gallons, cans are going to be faced with extraor- tana might speak? and not nearly enough, of course, to go Mr. BAUCUS. I expect maybe 4 or 5 dinary challenges in meeting their en- through a Maine winter. To purchase ergy bills this winter. or 6 minutes. Ms. COLLINS. Madam President, the the same amount of oil this year as We have already seen huge increases last, Maine would need an additional in prices of heating oil, natural gas, Senator from Rhode Island and I have been waiting for some time to give our $10.8 million in LIHEAP funds. and propane. We understand, without This really is a choice, for many low- some further assistance, we will be in a comments. I expect that my comments are only going to be 5 minutes. income families in our country, of buy- very precarious position, and these ing the home heating oil or natural gas families will be in a distressed posi- Mr. REID. We will be happy to wait until the Senator from Rhode Island that they need to keep warm or put- tion. I particularly thank Senator COL- and the Senator from Maine finish ting adequate food on the table or buy- LINS, Senator SNOWE, Senator COLE- their statements. ing much-needed prescription drugs. MAN, and Senator SMITH for their bipar- Mr. REED. Madam President, I think Surely, in a country as prosperous as tisan leadership on this amendment— probably the most efficient way to do ours, no low-income family should be particularly Senator COLLINS—for join- this is let me yield the floor to the forced to make those kinds of choices. ing me in this effort. She has been a Senator from Maine. When she con- I urge support for the amendment of- stalwart over several Congresses with cludes, I ask the Senator from Mon- fered by the Senator from Rhode Island respect to supporting the Low-Income tana be recognized. At the conclusion and myself, and again I thank the Sen- Home Energy Assistance Program. ator for his courtesy in yielding to me. We are reaching across the aisle and of the comments of the Senator from Montana, if I can be recognized again, The PRESIDING OFFICER. The Sen- across the country to provide more as- ator from Montana is recognized. sistance to the LIHEAP program. We I will finish my statement. The PRESIDING OFFICER. Without UNANIMOUS-CONSENT REQUEST—S. 1716 offer this amendment with 30 cospon- Mr. BAUCUS. Madam President, it sors. It is bipartisan, stretching across objection, it is so ordered. The Senator from Maine. has been more than 7 weeks since Hur- the length and breadth of this country. Ms. COLLINS. Madam President, ricane Katrina hit the gulf coast—7 It seeks to add $3.1 billion to the HUD first, let me thank my colleague and appropriations bill in emergency en- weeks. Nearly 1.5 million Americans friend from Rhode Island for accommo- have been displaced. Tens of thousands ergy assistance. dating my schedule and for his usual Energy costs for the average family of these survivors have no health care graciousness. It has been a great pleas- using heating oil are estimated to hit coverage and no money to pay for care. ure to work with him on an initiative $1,577 this winter, an increase of $378 It is high time for passage of the Grass- that is so important to low-income over last winter’s heating season. For ley-Baucus Emergency Health Care Re- families using natural gas, prices could families in our country and that is in- lief Act, S. 1716. hit $1,099 this winter heating season, an creasing the funding for the Low-In- On Monday, the Los Angeles Times increase of $354. Families using pro- come Home Energy Assistance Pro- ran a story on a 52-year-old schoolbus pane can see heating costs on average gram. We are proposing to increase the driver from New Orleans, Emanuel Wil- this heating season to be approxi- funding to the amount authorized by son. Mr. Wilson survived Katrina, but mately $1,400. That is another increase the energy legislation that was signed his life is still at risk. Why? Because he of $300. For families living in poverty, into law a couple of months ago, so we has intestinal cancer and he has no energy bills now are approximately 20 are proposing to bring it to the fully health insurance. percent of their income compared to 5 authorized level of $5.1 billion. Mr. Wilson was getting monthly percent for other households. Unless we Madam President, I am sure it is chemotherapy injections before the take action now, we are going to see very similar in your State. When I go storm, but now he cannot get any families in this country, low-income home to Maine, as I do every weekend, health care. working families, families struggling the No. 1 issue that people talk to me He lost his job and his health cov- with the issue of poverty, seniors who about is the high cost of energy. They erage because of Katrina, and he is in- are living on fixed incomes being dev- have expressed over and over their fear eligible to receive Medicaid. astated. that they simply will not be able to af- According to the New Orleans Times- Mr. REID. Will the Senator yield? ford the cost of heating oil for their Picayune, more than half of all hurri- Mr. REED. I yield to the Democratic homes this winter. The cost increases cane evacuees still in Louisiana who leader. have been enormous. They are, in part, sought Medicaid coverage since Mr. REID. I would state Senator BAU- attributable to the two hurricanes that Katrina have been turned away. More CUS has a unanimous consent request we have endured, and that is why I than half were turned away. These are and would like to make a few remarks view this as part of the emergency re- poor people. They aren’t people with a prior to that. Will the Senator yield to sponse to Hurricane Katrina and Rita. lot of money. They are poor people. Senator BAUCUS? Right now in Maine, we have already They can’t get coverage because they Mr. REED. I am prepared to yield. had some nights that have plunged do not meet the rigid eligibility guide- My colleague from Maine is here to below freezing. In Maine, 78 percent of lines under Federal Medicaid law. speak. all households use home heating oil to We need to relax those guidelines on Mr. REID. I ask you to yield to your heat their homes. Currently, the cost a temporary basis, on an emergency colleague from Montana first. of home heating oil is more than $2.50 basis, to help those survivors des- Mr. REED. If I could do so and then, per gallon. I actually paid $2.72 per gal- perately in need. with the order being that at the con- lon recently. That is a considerable in- This morning, my staff met with Sec- clusion of Senator BAUCUS, Senator crease, 60 cents or more a gallon, over retary Cerise, secretary of Louisiana’s COLLINS be recognized to speak. last year’s already high prices. Department of Health and Hospitals.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11523 And Dr. Cerise reported that Louisi- Hurricane Rita. It is completely inap- and help people who really need help. ana’s Medicaid Program has enrolled propriate to try to make adjustments The Secretary does not have the au- 60,000 new individuals because of in Medicaid under the umbrella or the thority to do what needs to be done. Katrina, which would cost the State cover of hurricane relief. And, second, the administration has about $83 million if they were to pay There are legitimate questions about not come up with any real plan to say for the care. whether and how we can provide assist- where the money is going to come Louisiana has just lost about one- ance to those under Medicaid affected from. It is all just talk, words. seventh of its total expected State rev- by Hurricane Katrina or Hurricane If the Senator from New Hampshire enue this year, and they cannot bear Rita. is willing to take the money out of these additional costs. They are likely Eight States have already been FEMA, or if he is willing to say trim to need to make dramatic cuts to the granted waivers to modify eligibility back a little bit to come up with a deal Medicaid Program if they don’t get to help provide that coverage. But in with 29 States to immediately pass a help soon. an effort to deal with some of the con- bill that may be trimmed down a little Dr. Cerise reports that Louisiana will cerns I have—and other Senators have bit and paid for out of FEMA, then we have to cut all optional services to concerns about this bill—this $9 billion would be doing the country a great beneficiaries if they do not get help. bill to support a statute that gives the deal of service. What does that mean? That means Secretary of Health and Human Serv- But to stand here day in and day out ending their hospice programs, ending ices the power to change reimburse- for 27 weeks, for a Senator to stand on their pharmacy benefits, ending their ment rates to compensate States for the floor and say we can’t help people institutional care for the mentally re- additional costs incurred under Med- in Louisiana and the Gulf States, we tarded, ending their dialysis and other icaid as a result of the hurricane, we could sure help New Yorkers after 9/11. benefits, cutting off care for their would put into law the uncompensated We can help them, but we can’t help medically needy, breast and cervical care pool that is part of this legislation the people on the gulf coast. cancer patients, as well as thousands of to help deal with some of the costs out- These are the same Medicaid provi- low-income children. side of Medicaid. We have even pro- sions that we gave the people in New We have spent far too long talking posed providing some support and as- York City as a consequence of 9/11—the about this bill. Far too many times sistance to community health centers, same eligibility standards, the same. In other words, let us do it for the have we been asking unanimous con- something that is not even in this leg- gulf coast people, if we can do it for sent to get this bill passed—far too islation—community health centers New Yorkers. It is great for New York- long. These are temporary provisions. being so critical to providing assist- ers. We are all for it. Let us figure out America can do better. America can ance not just to Medicaid beneficiaries a way to help the people in the Gulf help its people in need in times of but to those who are underinsured or States—help them a little bit. This ad- emergency. those who are without any health in- ministration does not want to do so, Where is America? Where is the Sen- surance for whatever reason. I think and the other side doesn’t want to do ate? these are very reasonable proposals. so. I cannot believe it when the big My colleagues, Senator GRASSLEY, I think this is a good-faith effort to rush right now is to cut Medicaid—cut Senator LANDRIEU, Senator LINCOLN, address some of the concerns that have Medicaid, cut Medicaid. We want to and Senator REID have all spoken pas- been presented, but even in the absence help the people. sionately supporting moving this bill of legislation through the State waiver Mr. DURBIN. Madam President, will forward and moving it forward imme- process, through the efforts of Sec- the Senator yield for a question? diately. retary Leavitt of Health and Human Mr. BAUCUS. I would love to yield to I hope we can get this bill passed and Services, I think every good-faith ef- the Senator. enacted into law without delay. We fort is being made to provide assist- Mr. DURBIN. If the Senator from owe at least this much to our fellow ance, to provide coverage to those in Montana will yield for a question, I Americans hit by Katrina and its after- need. would like to ask him about New York math. Given that fact, I will object at this City. Isn’t it a fact that after the 9/11 It ties in very much with the latest time to the unanimous-consent re- disaster, within 2 weeks we expanded dialog on the floor with the Senator quest. Medicaid coverage under a disaster re- from Rhode Island about the need for The PRESIDING OFFICER. The Sen- lief Medicaid assistance program so LIHEAP money. Energy costs are ator from Montana. that 340,000 New Yorkers were able to going up around the country. They are Mr. BAUCUS. Madam President, with start receiving Medicaid for 4 months? going up so quickly, so high, and it is all due respect, we have heard these We spent $670 million on that assist- the kind of problem facing the people lamentations before. We have heard it ance. We did that within 2 weeks. And down on the gulf coast. all, with due respect, before. now 7 weeks have passed, and this ad- I urgently ask our colleagues to sup- Let me just clear the record a little ministration has not come forward port this bill. bit. The Senator mentioned waivers. with any help for Hurricane Katrina I ask unanimous consent that the The Secretary has admitted that he victims when it comes to Medicaid. Senate proceed to the consideration of does not have authority under the Mr. BAUCUS. In answer to the ques- Calendar No. 214, S. 1716, a bill to pro- waiver system to do what needs to be tion of my colleague, it is absolutely vide emergency health care relief for done. He does not have authority to true. We came to the aid of people who survivors of Hurricane Katrina; that make these hospitals—not whole but to needed aid in New York within a couple the bill be read a third time and get some uncompensated care for these of weeks. That was the right thing to passed, and the motion to reconsider be hospitals. He does not have authority do. We are a passionate people, a coun- laid upon the table. to do so. He does not have authority to try willing to help people in need, par- The PRESIDING OFFICER. Is there make other provisions that are nec- ticularly when it is an emergency need. objection? essary in this bill. Mr. DURBIN. If the Senator will Mr. SUNUNU. Madam President, if I I must say this is a temporary bill. It yield for a further question, this is a might reserve the right to object, we is only on an emergency basis. bipartisan amendment which the Sen- had this conversation on the floor be- I am willing to—and I think a lot of ator just offered, along with Senator fore. The bill has been brought to the my colleagues are willing and con- GRASSLEY, Republican of Iowa, Senator floor, and attempts have been made to cerned about the costs—take it out of BAUCUS, of course, of Montana, and pass it by unanimous consent. the unspent FEMA money. We appro- many other colleagues to come forward This bill includes provisions that priated in this body about $60 billion to try to help the victims of this hurri- change the reimbursement rates under for FEMA. I understand that maybe cane. Have we turned the page now? Medicaid for 29 States, regardless of roughly $40 billion of that has not been Are we not thinking about what hap- how many evacuees they might have in spent. pened down there? I hope we haven’t. that State, regardless of whether they If the Senator is concerned about the Let me ask the Senator from Mon- were affected by Hurricane Katrina or costs, we could take it out of FEMA tana, is it a fact, No. 1, that the relief

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11524 CONGRESSIONAL RECORD — SENATE October 19, 2005 that he is proposing is temporary and think I heard those who object to the The Senator from Montana has been short term? It is 5 months of Medicaid unanimous consent request of the Sen- here a number of times. My hope would relief for these people who are in the ator from Montana suggest that some- be that our colleagues would not object worst circumstances. And, second, it how he is trying to solve a problem and that the Grassley-Baucus proposal would help States like mine and many that doesn’t exist; that this can be han- would be accepted and we would move others that have brought in evacuees. dled in other ways. Could the Senator on. This ought not be a point of con- In our case, we brought 5,000 evacuees from Montana describe to me the cir- tention at all. This ought to be easy for into our State to help them out. We cumstances of people who are affected? this Congress. have incurred more expenses in Med- If this legislation is not made available Mr. BAUCUS. Madam President, I icaid expenditures to help these fami- on an emergency basis in human terms, might also add, the primary sponsor of lies so that these caring people in isn’t it a fact that we have people, par- this legislation is the chairman of the States around the gulf coast area who ticularly low-income people, who have Committee on Finance, Senator CHUCK are really trying to help will not be ig- lost everything? GRASSLEY from Iowa. Senator GRASS- nored by the Federal Government. Incidentally, I went to the Armory LEY is known in this Senate, probably Is that the intent of the amendment? here in Washington DC and talked to more than any Member for doing the Mr. BAUCUS. The Senator is correct. those folks who have come here, left right thing. He is not a partisan. He is That is the intent of the amendment. I home with nothing to escape the rav- not political. He does what he thinks is thank the Senator for raising that ages of the flood waters and are there right. It is clear to the chairman of the point. with their children and the clothes on Senate Committee on Finance that This is not a partisan effort at all. their back and nothing else. this is right. I join with him to do What are the real consequences for This is just a compassionate effort on something that is right. people who are in that situation if the the part of both Republicans and We have talked this out with all Senator’s legislation is not adopted? Democrats. I might say that all Sen- members of the committee, both sides, We did this for 9/11 victims. We did it ators—Republicans and Democrats—in how to tailor this, modify it, make it for a good reason, I assume. If we don’t the States affected would like to see work or not work, and I am quite con- do it here, and now weeks have this bill passed. All the Governors in fidence it would be agreed to unani- marched by with no action, what are the States affected—Republicans and mously by all members of the com- Democrats—would like to see this bill the human consequences of our decid- mittee. ing not to do this? passed. The House delegations from the I mentioned the States affected. The States affected would like to see this Mr. BAUCUS. I appreciate the Sen- ator’s question. People are not going to Senators of the States affected all bill passed. It is very much bipartisan. want this. The Governors all want The second point the Senator made is get health care. The diabetics will be this—and there are more Republican a very good one. A lot of evacuees have scrambling wondering where they are than Democrat. And the mayors want gone to a lot of States across the coun- going to get their insulin shots. People try—many in Illinois. Some have come getting chemotherapy will be won- it because they know it is the right to my State in Montana from New Or- dering where in the world they are thing to do. Again I make the request. leans. We are very gracious and want going to get their chemotherapy. For Mr. SUNUNU. Madam President, re- to do all we can to help the people who mentally affected people, where are serving the right to object, and I apolo- are so dislocated. they going to get their assistance? Par- If we stop and think for a moment, ticularly those who have lost their jobs gize for taking additional time, I know the Senators lead pretty comfortable and don’t have any insurance anymore, Senator REED is due to be recognized lives. For these people, it is incredible where are they going to get their insur- by consent as soon as this lengthy and, hardships they are going through. We ance? If they lost their jobs and they in my opinion, unnecessary discussion forget all they have to go through. do not have money to even pay for ba- is complete. It is important to note They don’t have houses, anyplace to sics, let alone health care, how are this bill does not take the funding out live, no way to pay bills, no job, their they going to pay for food? Where are of FEMA as has been represented. We kids are out of school, or where they they going to live? It is incredible. suggested that. can go to school, health care needs— I wish all Members in this Senate Mr. BAUCUS. If the Senator is will- they are incredibly affected. would go to the gulf coast and walk ing to take it out of FEMA, we are I do not know how many Members around New Orleans, walk around the willing to do that. have gone down to the gulf coast. Raise gulf coast of Mississippi, and feel, see, The PRESIDING OFFICER. Is there your hand if you have gone down to the smell, taste how devastating this trag- objection? gulf coast and have seen it all. There edy is. We would be rushing to pass Mr. SUNUNU. Madam President, I are two. We have seen it. It is Biblical. this legislation if Senators would go object. There is not a word for it. It is a trag- down there to see what is going on. The PRESIDING OFFICER. The ob- edy that is affecting people on the gulf Mr. DORGAN. If I might ask an addi- jection is heard. coast. It is Biblical. My Lord, my God, tional question, this is about health The Senator from Rhode Island is why can’t the Senate do something care. Health care is not a luxury. When recognized under the previous agree- about it? you or your kids are sick, particularly ment. Why are we here, Senators? To say in the circumstances where you have Mr. REED. Madam President, I will no? That is not why we are here. We been the victim of a significant dis- continue my remarks about the are here to do the right thing. We are aster, you have been displaced and lost LIHEAP program. I certainly salute not asking for the Moon. We are just everything, health care ought not be a the Senator from Montana for his pas- asking for a little bit of help. function of whether you have money in sion, his eloquence, and his sense of de- Mr. DURBIN. If I can ask one more your billfold. cency. We should be moving on this question, so those who are following I ask the Senator from Montana, is it legislation. It is a bipartisan effort, this debate understand, the Senator the case that your legislation will not just as this LIHEAP legislation is a bi- asked unanimous consent to go to this break the bank? You have suggested partisan effort. They are both linked temporary measure—a 5-month meas- other ways to pay for it. It is bipar- by the devastation in the gulf. So ure, a bipartisan measure—to help the tisan. You are coming to talk about many families have been displaced victims of Hurricane Katrina, and be- something that is an essential for peo- from their homes, their homes de- cause one Senator from one State on ple. This is not some luxury. We are stroyed. They are looking for health the other side of the aisle objected, we talking about health care. When we care. Other families in the Northeast, cannot move to consider this issue at talk about the five most important in the Midwest, in the Far West, and in this time. Is that true? things for people here, there, or wher- the Mountain States where this winter Mr. BAUCUS. The Senator is correct. ever, health care is right near the top. will be cold and difficult to bear will That is the situation we are in. If you do not have health care, if you also see the effects of Katrina. They Mr. DORGAN. Madam President, if do not have your health, you do not have seen them already in rising en- the Senator will yield for a question, I have much. ergy prices.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11525 As I indicated in my prior remarks, anticipated disaster—in some respects, American consumers to help offset the this is the second wave, the second the same way Katrina was anticipated. higher cost of oil and gasoline prod- surge. The first was waters through the I hope we can learn from Katrina, not ucts. I am told the oil companies—the gulf. The second is increased energy just sit back and watch idly, watch the energy companies—will be reporting prices for the rest of the country. impact, watch poor people suffer. Not their quarterly earnings in the next No family should be forced to make just poor people who were caught up in few days, and most estimates are they choices between heating or eating. the tumult and terror of New Orleans— could be the most profitable reports That is precisely what many families but poor people in Portland, ME; New ever issued by companies in this coun- will be faced with this winter unless we Haven, CT; in Cleveland, OH; in Se- try because of this extraordinary run- adopt this proposal and increase attle, WA; in Butte, MT. I expect it up in pricing. Some of that money LIHEAP funding by $3.1 billion. gets cold out there in the winter. They should come back to Americans. The RAND Corporation found in a will be caught up. Total energy spending in this Nation study that low-income households re- I thought after Katrina we had a this year will approach $1 trillion—24 duced food expenditures by roughly the coming together, led by the President, percent higher than in 2004. It will same amount as their increases in fuel to recognize we are failing people who claim the largest share of U.S. output expenditures. They cut back on food to are poor, that we are not doing what since the end of the oil crisis 20 years pay for heat. That is not something we have to do to keep faith with them. ago. Oil and natural gas companies any American wants to see or wants us I can remember his words at the Wash- make huge profits while workers’ sala- to tolerate. ington National Cathedral. Have those ries are declining in real terms. This is It is particularly difficult for seniors. words evaporated already? Are those wrong. We have to fix it. ANTWELL’s Recently, I visited the home of Mr. words not operative now? I hope they We have to pass Senator C legislation, Senator DORGAN’s legisla- Ohanian in Cranston, RI. Mr. Ohanian are. I hope we take them to heart. If we tion, and, of course, immediately, we is an 88-year-old veteran of our mili- do, we will pass this amendment, and have to help restore funding and in- tary service. He served this country. we will pass the legislation of Senator Now he lives on a Social Security crease funding for LIHEAP program. BAUCUS and Senator GRASSLEY. That is The President and Secretary Bodman check of $779 a month. One does not what I thought the President was tell- have called on Americans to reduce have to have advanced training in eco- ing us to do at the Cathedral speech. their energy use. They have to lead by nomics to figure out that with these Now, even if we do have funding of an example. One way to lead is to support, energy prices this year in the North- additional $3.1 billion, we are still only articulate, and advocate, for sensible east—Senator COLLINS indicated she serving about one-seventh of the 35 energy programs and this LIHEAP pro- was paying $2.70 a gallon for heating million households poor enough to posal to increase that funding. oil—that adds up quite quickly, and it qualify for assistance. So we are not We have to do much more. I hope we wipes out a monthly income of $779. As talking about a program that has so begin, with respect to energy, by recog- a result, Mr. Ohanian has to go to his much money that they do not know nizing the pending crisis that will face daughter’s house sometimes for food, what to do with it. What they have is so many families in this country, so goes to soup kitchens to get help. He so many customers and clients that many seniors. They will be cold this deserves it. He served this country in a they do not know what to do with winter. They will give up eating so most difficult time, in uniform. What them. And what happens, is these peo- they can heat their homes. They will we have is a situation where last year ple will apply to the community action miss mortgage payments and rent pay- Mr. Ohanian received $600 in LIHEAP agencies across the country, and they ments because they have to at least payments. It helped. It did not pay for will be put on waiting lists. They will stay warm. all the fuel costs, but it helped. Unless try to help some. We can do much bet- We can do much better. America can we put this money in, his costs will be ter. I hope we can start by passing this do better. I hope we do. way out of proportion to what he can legislation. I yield the floor. bear. We also need Presidential leadership. Mr. BOND. Pursuant to section 402 of Recently, the Social Security COLA What has happened from the speech on H. Con. Res. 95 of the 109th Congress, was announced. It is $65 a month. Any the pulpit of the National Cathedral the fiscal year 2006 concurrent resolu- increase is appreciated, but that is al- until today when it comes to LIHEAP? tion on the budget, I make a point of ready wiped out more or less by in- Nothing. Those were very powerful order against the emergency designa- creased contributions to health care words, but they require powerful ac- tion contained in this amendment. programs that are required. When you tions. We have not seen, in this re- Mr. REED. Madam President, I move put on top of that for a senior this huge spect, those actions. to waive the applicable sections of the spike in energy prices—be it natural We have to do other things to get our act referenced by the Senator and at gas, heating oil, or propane—they are energy house in order. In fact, this is the appropriate time would ask for the losing ground rapidly, unless, of not just an issue of domestic politics. yeas and nays. course, we act to at least bring them It is probably the single most impor- Mr. BOND. Madam President, I ask up to the level of last year’s program. tant thing we can do over the next sev- unanimous consent that this measure We need to fully fund the LIHEAP eral years to improve our strategic po- be set aside to be set for a vote at a program at the $5.1 billion authorized sition in the world vis-a-vis those who time determined by the leaders on both in the Energy bill. This amendment would be our adversaries or those who sides. The PRESIDING OFFICER. Is there would do that. It would add $3.1 billion compete with us. From a national secu- objection? in emergency spending to the $2 billion rity standpoint, we have to take steps Ms. CANTWELL. I object. the President has requested. That is to make our energy future more inde- The PRESIDING OFFICER. The ob- roughly what we had last year, just a pendent, more sensible. But we have to jection is heard. little bit below. Do the math. If we do things today that will help Ameri- Ms. CANTWELL. Reserving the right have just $2 billion and we have in- cans. to object, Madam President, I would creased energy prices—just take heat- I am very proud Senator CANTWELL is like to enter into a time agreement to ing oil. Last year, heating oil was a cosponsor of this particular amend- speak on this amendment. roughly $1.92. Expensive? Yes. Now it is ment. She is also the sponsor of the The PRESIDING OFFICER. Does the $2.70. The same amount of monthly in- Energy Emergency Consumer Protec- Senator object to the request? come, huge increases in energy costs. tion Act to bring prices down at the Mr. BOND. Madam President, there How can we provide that assistance we gas pump in the wake of natural disas- is time to speak. We would be happy to provided just last year? ters such as Hurricane Katrina. find the time for the distinguished Sen- As Senator COLLINS indicated, look In addition, we have to pass Senator ator from Washington to speak. We are at the poverty numbers. Poverty has DORGAN’s Windfall Profit Rebate Act just asking this be set aside. If the ob- increased every year for the last sev- which imposes a temporary windfall jection is sustained, we will go imme- eral years. There are more people profit tax on big oil companies and diately to a vote and get it out of the qualified for this program. This is an uses the revenue to bring a rebate to way.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11526 CONGRESSIONAL RECORD — SENATE October 19, 2005 Mr. REED. Madam President, par- The Senator from Washington. who is disabled, who needs the LIHEAP liamentary inquiry: I believe what hap- Ms. CANTWELL. Thank you. Program to continue to remain in her pened, the floor manager raised a budg- AMENDMENT NO. 2077 home. Yet 76 percent of those who et point of order. I have requested a Madam President, I do rise to sup- qualify who will not get aid. This piece waiver of that act. We have agreed at port the Reed-Collins amendment to of legislation will not help all of them, some time in the future we will have a further make a down payment on the but it will help a small percent. It will vote on that. Now it is in order to have low-income energy assistance program help a small percent of Northwest resi- further discussion of the amendment, known as LIHEAP. dents who will be battling the high and Senator CANTWELL can discuss her This is a program the State of Wash- cost of energy again for another year amendment. ington knows all too well. I say that in a row, to get some assistance from Mr. BOND. Madam President, I be- because our State was hard hit by an the low-energy income program. lieve that is correct. energy crisis in the last several years This amendment should be a top pri- The PRESIDING OFFICER. The Sen- that left many low-income people suf- ority for the Members of this body. I ators are correct. fering the consequences of high energy say that because, having fought to get Mr. BOND. Madam President, before costs. If anything, the Northwest is a these LIHEAP Programs from the con- I yield the floor to the other Senators poster child for what is about to hap- tingency fund in the past when my who wish to speak, first, let me point pen to the rest of the country. Those State was greatly impacted, I know out that while LIHEAP is a very im- results were devastating. In one county how important it was to the residents portant subject, it has nothing to do alone, Snohomish County, where I live, who actually received them. Now the with this bill. There will be the Labor- we had a 44-percent increase in dis- rest of the country is going to be im- HHS appropriations bill on the floor connect rates in 1 year. That meant pacted by those same dynamics of very next week. There will also be a supple- 14,000 people lost power to their homes high energy costs. The question is mental bill which will deal with it. because of high energy costs. whether we will, as a body, approve the While I am a big supporter of LIHEAP, Those high energy costs were also Reed-Collins amendment to actually this measure should be appropriately passed on to school districts, which had take the appropriations level up to the discussed in the forum where LIHEAP to choose between hiring teachers and level that has been in the authorizing is handled. Either one of those two ve- getting books and paying the high cost bill. I think it is the prudent thing to hicles is appropriate. of energy. It also had an impact on eco- do. I think it is the wise thing to do to Now, Madam President, I ask unani- nomic development. Businesses decided help the residents of this country, who mous consent that at 4:30 today, the that perhaps they did not want to move are going to suffer from a very tough Senate proceed to a vote in relation to to that county if they were energy-in- winter and high energy costs. the Kennedy amendment No. 2063, to be tensive users and businesses on low I, like my colleague Senator REED, followed by a vote in relation to the margins until the energy rates come want to fight for other legislation that Enzi amendment No. 2115. I further ask down again. We saw people who actu- will help us reduce the high cost of en- consent that prior to those votes there ally lost their jobs and lost their pen- ergy and certainly look at the prac- be 3 hours for debate equally divided sions because of those high energy tices of predatory pricing. We need to between Senators ENZI and KENNEDY to costs. give consumers the confidence that run concurrently on both the Enzi and What this amendment does, added to there is competition in the market- Kennedy amendments; provided further this bill, is to give the consumers in place, that there are Federal agencies that no second-degree amendments be America who are the most hard hit by that will protect consumers from price in order to either amendment prior to energy costs some relief. If you think gouging, and that those who partici- the votes. I further ask consent that if about it, we are talking about the el- pate in price-gouging activities will either amendment does not have 60 derly, the disabled, those who are on spend time in jail. But in the mean- votes in the affirmative, that amend- low incomes. We are talking about an time, as we are continuing to push and ment then be automatically withdrawn individual who may make less than fight for that legislation, we need to or fall to the point of order, if applica- $12,000 a year or a couple who may make sure those who are most vulner- ble. I further ask consent that there be make less than $16,000 a year. Now they able in our society get the help and 2 minutes equally divided prior to each are faced with anywhere from a 30- to support they deserve. So I hope my col- vote. 50-percent increase in energy costs. It leagues will take the Reed-Collins The PRESIDING OFFICER. Is there is a question as to whether they are amendment this afternoon and realize objection? going to be able to keep the lights on we cannot give tax breaks to others The Senator from North Dakota. and the heat in the home or whether and leave those most vulnerable in our Mr. DORGAN. Madam President, re- they are going to be left out in the cold society without the hope of a warm, se- serving the right to object—I do not by this administration and by this Con- cure winter. think I will object—but in order to ex- gress. America can do better. We can take pedite consideration of amendments on I hope my colleagues will do the care of the elderly, the disabled, and the floor, I was wanting to offer the re- right thing in adopting the Reed-Col- the low income when it means they are maining amendment I have, with very lins amendment and being serious going to have to pay exorbitant energy brief comments, so that at least I have about LIHEAP, knowing the dev- costs. offered the amendment on behalf of astating consequences of the high cost I yield the floor. myself and Senator CRAIG. I was hoping of energy to our economy and people to be able to do that following the re- on the margins. It is heartless to think The PRESIDING OFFICER (Mr. marks of the Senator from Wash- we would continue to adopt resolution THUNE). The Senator from North Da- ington, who I believe is going to com- after resolution dealing with other im- kota. ment on the legislation she is cospon- pacts to our economy and leave those AMENDMENT NO. 2133 soring with Senator REED. So if it most vulnerable out in the cold. Mr. DORGAN. Mr. President, I send would be acceptable to the chairman The LIHEAP Program serves a very an amendment to the desk on behalf of and ranking member, following the re- small percentage of the people who ac- myself, Senator CRAIG from Idaho, Sen- marks of the Senator from Wash- tually qualify. Last year, 72,000 Wash- ator ENZI from Wyoming, and Senator ington, if I would be recognized simply ington State residents received assist- BAUCUS from Montana, and I ask for its to lay the amendment down. I ask ance from the LIHEAP Program, but immediate consideration. unanimous consent to do that. many more could actually qualify. The PRESIDING OFFICER. The Mr. BOND. No objection. That is, there are many more who are clerk will report. The PRESIDING OFFICER. Without living on the margins who need that The bill clerk read as follows: objection, it is so ordered. kind of help and assistance to stay in The Senator from North Dakota [Mr. DOR- Is there objection to the initial re- their home. GAN], for himself, Mr. CRAIG, Mr. ENZI, and quest? Last week, I met with a woman who Mr. BAUCUS, proposes an amendment num- Without objection, it is so ordered. has lung cancer, the mother of five, bered 2133.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11527 Mr. DORGAN. Mr. President, I ask tion of the term ‘‘payment of cash in money that finances Osama bin Laden, unanimous consent that reading of the advance’’ that is in the law, something for example, and other terrorist organi- amendment be dispensed with. the Congressional Research Service be- zations. But guess what. Those folks The PRESIDING OFFICER. Without lieves is inappropriate for the adminis- down in OFAC, the Office of Foreign objection, it is so ordered. tration to do. With this change of defi- Assets Control, have been spending The amendment is as follows: nition they are actually requiring the their time tracking down American (Purpose: To restrict enforcement of the payment for the food products our citizens who are suspected of taking Cuban Assets Control Regulations with re- farmers would sell into Cuba to be vacations in Cuba—American citizens spect to travel to Cuba) made before the food is even shipped. under suspicion of taking vacations in At the appropriate place in the bill, insert That is not the way commerce works, Cuba. the following: and yet they are doing that to try to Well, they tracked Joni Scott down SEC. ll. (a) None of the funds made avail- and slapped a big fine on Joni Scott, an able in this Act may be used to administer or shut down the ability of American enforce part 515 of title 31, Code of Federal farmers to sell food into Cuba. American citizen, for trying to dis- Regulations (the Cuban Assets Control Regu- Nonetheless, we have sold $1 billion tribute free Bibles in Cuba. Apparently, lations) with respect to any travel or travel- worth of food to the Cubans. It is the they are not even embarrassed about related transaction. right thing to do. Withholding food and it. (b) The limitation established in sub- medicine as a part of any embargo is This is a picture of Sergeant Lazo, section (a) shall not apply to— the wrong thing to do. Fidel Castro has U.S. Army National Guard. He won the (1) the administration of general or spe- never missed breakfast, lunch, or din- Bronze Star for bravery in the country cific licenses for travel or travel-related of Iraq, fighting for this country. His transactions; ner because of our embargo. He has (2) section 515.204, 515.206, 515.332, 515.536, eaten just fine, thank you. It is poor, children are in Cuba. One of his kids 515.544, 515.547, 515.560(c)(3), 515.569, 515.571, or sick, and hungry people who get hurt was very ill. After he finished his tour 515.803 of such part 515; or with these kinds of public policies. of duty in Iraq and was back in this (3) transactions in relation to any business I put in this appropriations bill at country, he wanted to go visit his sick travel covered by section 515.560(g) of such the subcommittee level a provision son. This United States soldier, a hero, part 515. that trips the administration’s attempt having fought and won a Bronze Star in Mr. DORGAN. Mr. President, I offer to inhibit farmers from selling into Iraq for his country, was told by his this bipartisan amendment on behalf of Cuba. So I fixed that problem. That is country: You might have been fighting myself, Senator CRAIG, Senator ENZI, in the bill as it comes to the floor. We for freedom in Iraq, but you don’t have and Senator BAUCUS. It is an amend- had kind of a contentious discussion the freedom as an American soldier— ment that has been considered pre- about that in the subcommittee, but I you don’t have the freedom as an viously, and considered successfully by won. And again, on a bipartisan basis, American citizen—to go visit your sick the Senate, but it has not made it into we stuck that in the bill. It says to this child in Cuba. Unbelievable. law because of problems in conference administration: You cannot be doing We voted on that here on the floor of committees. It deals with the issue of these things that we believe are not the Senate. The only way I could get restricting the rights of the American legal to impede the ability of American that up for a vote was to require sus- people to travel to Cuba. farmers to sell food into the Cuban pension of the rules, which takes 66 As you know, we now have a situa- marketplace. votes. I got 60 votes. It fell short. So tion where the American people are not We have not, however, dealt with the this man has never been allowed to go free to travel to Cuba. We are free to issue of restricting the American peo- to Cuba to visit his child. travel to China, a Communist country. ple’s right to travel to Cuba. Are we There is an epilog to this. His chil- We are free to travel to Vietnam, a hurting Fidel Castro by prohibiting dren are going to come here for a brief Communist country. We are free to Americans from traveling to Cuba? I do visit. The Cuban Government has ap- travel to North Korea, a Communist not think so. All that does is slap the proved that. But the U.S. Government country. We are not free to travel to American people around by restricting won’t give him the freedom to travel to Cuba, however. The reason for that is their right to travel. Cuba to visit his children. Fidel Castro has been sticking his fin- Let me show you a couple of exam- I could talk about Joan Slote. Joan ger in America’s eye for a long while. ples, if I might. This young woman in Slote answered an ad in a bicycling It is a Communist country, a govern- this picture was in my office. This magazine to take a cycling trip to ment that causes a lot of problems for young woman’s name is Joni Scott, a Cuba. Joan was 75 years old. She was a our country, and the decision was made wonderful young woman. She went to cyclist and she wanted to go on a bicy- some long while ago that we are going Cuba. She went to Cuba to distribute cling tour with a Canadian bicycling to somehow punish Fidel Castro by re- free Bibles on the streets of Cuban cit- group. She did. She came back and stricting the American people’s right ies. Joni Scott went to distribute free found out her son had brain cancer. to travel to Cuba. Bibles in Cuba. Why? She is a person of She didn’t get her mail on time and We also, for 40-some years now, have great faith, with a missionary spirit, didn’t see that the Federal Government had an embargo with respect to the and she wanted to take that faith and was trying to fine her $10,000 for having country of Cuba. For most of that talk about that faith with the people of traveled to Cuba to ride a bike. Be- time, we also prevented American Cuba. cause she was attending to her son, she farmers from selling food to the coun- Well, guess what happened to Joni didn’t get the letter from the Treasury try of Cuba. I have always felt it is ba- Scott. The U.S. government says you Department, so they decided they were sically immoral to use food as a weap- can’t distribute free Bibles to the peo- going to try to slap an attachment on on and to prevent the selling of food to ple of Cuba. You have to get a license her Social Security check. the Cubans. Canadians sell food to the from the State Department to go to This is America? I don’t think so. We Cubans. European farmers sell food to Cuba, and they are not going to give should restrict the freedom of the the Cubans. But we could not; that is, you a license. She did not know that, American people because we want to until then-Senator Ashcroft from Mis- of course. She simply went to Cuba to slap around Fidel Castro? How about souri and I offered an amendment on distribute free Bibles. The U.S. govern- deciding we are not going to restrict the floor of the Senate that opened, ment slapped her with a big fine. Do the freedom of the American people. If just a crack, that embargo so that we you know who did that? The folks who you want to bring a different kind of are now able to sell some food into the are being funded in the bill, OFAC, the government to Cuba, you do it through country of Cuba. Office of Foreign Assets Control, deep trade and travel. That is what we argue We have sold about $1 billion worth in the bowels of the Treasury Depart- in regard to other countries. This ad- of food since that amendment of ours ment. ministration and past administrations became law. Even now, the administra- The people in OFAC are supposed to have said that the way to advance the tion is trying to shut down that ability be tracking the financing of terrorism. interests toward democracy and great- of farmers to sell food into Cuba, by They are the folks who ought to be er human rights in Communist China is dramatically changing the legal defini- looking at the arteries that control the through trade and travel. The way to

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11528 CONGRESSIONAL RECORD — SENATE October 19, 2005 advance the interests toward greater vote the right way, to use a smidgeon tarian purposes. According to Treasury human rights and democracy in Com- of common sense—I am not asking ev- documents, between 1996 and 2003, munist Vietnam is through trade and erybody to use all the common sense, about a third of Cuba travel cases travel. Cuba? No, we have to restrict just a smidgeon, this just requires a opened for investigation were referred the right of the American people to blink—to vote the right way, maybe we for civil penalty enforcement action. travel to Cuba. And if they do, track will get something done. As the Senator from North Dakota them down. There is a little agency, This isn’t about Democrats or Repub- said, these typical penalty assessments this arthritic agency in the Depart- licans. It is about public policy that for unauthorized travel range from ment of Treasury, called OFAC. They makes sense for this country. If some- $3,000 to $7,500. That is preposterous. have more people in that agency track- thing is happening that is basically For the last 40 years, the United States ing American citizens who are sus- ‘‘dumb,’’ we ought to fix it. This makes has maintained this isolationist posi- pected of going to Cuba than they have no sense. This policy is at odds with tion toward Cuba, and the current re- searching for the financial links that our entire foreign policy with respect gime has been there the entire time. I are supporting Osama bin Laden’s ter- to other Communist countries. Can you believe, as the Senator from North Da- rorism. Isn’t that unbelievable? I have imagine today if I proposed having the kota so eloquently stated, that permit- half a notion to offer an amendment to Cuba policy with respect to China and ting travel to Cuba will help dem- get rid of OFAC. We have all these Vietnam? We would say to those Amer- onstrate to Cuba’s citizens what a de- acronyms around here. All I know is, icans, you can’t travel to China. Why? mocracy is all about. these are people sitting someplace in Because we don’t like the Chinese Gov- I tell my colleague that I had a the basement of the Treasury Depart- ernment, so you can’t go there. Does young group of baseball players who ment trying to figure out, through lists that make any sense? Do you think went through the entire rigmarole as a of names, whether somebody might that would be in our best interest? young team to go to Cuba a number of have gone to Cuba. And God forbid Would that represent good foreign pol- years back. They had to go through an entire process. It was amazing what they brought a cigar back. Let’s double icy? The answer is no. they had to go through to go down and the fine. We have advocated that the best way In fact, even more Byzantine, last to move these countries toward greater participate in a Little League team year OFAC sent people to airports human rights and greater democracy is playoff with a number of players from around the country to train Border Pa- through trade and travel. It would be Cuba. I had them come back and visit with me when they returned. They trol and Homeland Security agents on nice if the only voice Cubans are hear- wanted to thank me for helping them how to intercept Americans who were ing would not be Fidel Castro but, in get through this process. I sat there suspected of visiting Cuba. I looked fact, Joni Scott or Joan Slote or a cou- and listened to them as they told me through the list of what they recov- ple from Dubuque who might be vaca- that they actually lost every single ered. The most ominous thing they re- tioning in Havana. It would be nice if game. Finally, it was so lopsided that covered was carbon dioxide used to the Cuban people would hear those the Cuban young boys and they got to- make seltzer water. They did pick up a voices as well. They do not now be- gether and decided, this is ridiculous. couple cigars and some ordinary cold cause they are prohibited as a result of We are just losing. So they intermixed medicine. But they certainly took American law. It is a law I aim to their teams, half Cuban and half Amer- some resources away from Homeland change. ican, and finished the playoffs that Security that probably ought to have I offer this amendment with my col- way. What a great thing for democ- been looking at terrorist threats so leagues, Senators CRAIG, ENZI, and racy. These young people showed to all they could track down Joni Scott who BAUCUS—two Republicans, two Demo- of us exactly what we want happening crats. This is not about partisanship. It wants to deliver Bibles on the streets in Cuba, that we can sit down, a group is about doing the right thing. My hope of a city in Cuba. of 12-year-old boys, and learn how to There was also the disabled sports is this amendment will see a successful get along and to be able to promote team that participates in marathons vote. I understand there will be some some real important values. using artificial legs and in wheelchairs. sumo wrestling between now and when Mr. DORGAN. Will the Senator yield They planned to participate in the Ha- we get a vote, because no one ever for a question? vana Marathon and then distribute rac- wants to have a vote on this. There Mrs. MURRAY. I am happy to yield. ing wheelchairs and handcycles to will be all kinds of contortions going Mr. DORGAN. I am wondering if that Cuba’s disabled athletes. Except OFAC on to find a way to avoid having a vote wasn’t under the old rules. The new said that our team couldn’t go. These on this. But it is perfectly germane and rules have been tightened up dramati- disabled Americans were told, no, you relevant. It is a restriction on funding. cally by administration edict. Under can’t go. That is unbelievable. My expectation would be before the bill the new rules, teams such as that in We will have a vote on this. The gets off the floor, we would have a vote most cases would not be able to visit President will threaten a veto of the on this. I hope a sufficient number of Cuba. bill if it is in the bill, and we will have colleagues on both sides of the aisle Mrs. MURRAY. The Senator is abso- people around here scratching their will decide to vote for it and we can get lutely correct. This was about 10 years heads and thumbing their suspenders this done finally. ago. Since that time, if these young and saying: How should I vote on this? I yield the floor. kids were to come today to my office How about a simple vote that rep- The PRESIDING OFFICER. The Sen- to ask for help, they would not be able resents a little bit of common sense, ator from Washington. to go and do it. What a way to dampen just a smidgeon. Go to any cafe´ in Mrs. MURRAY. Mr. President, I sup- the enthusiasm of young boys in our America, have a cup of coffee and ask port the amendment offered by my country. It is telling them that democ- somebody, do you think it is a good friend from North Dakota. He has made racy is not about conversations and idea that we ought to slap around the an excellent case for this amendment. I learning and education and participa- American people and go investigate want to note that I am a cosponsor of tion. I think that is a negative mes- them and chase them down and slap bipartisan legislation introduced ear- sage. I appreciate the Senator’s offer- them with a $10,000 fine because they lier this year that would allow this ing the amendment. I know the admin- joined a Canadian bicycle tour of Cuba? travel between the United States and istration has issued a veto threat on Or do you think we ought to say to a Cuba. this bill if this provision is allowed to veteran who earned the Bronze Star for Current policy with regard to Cuba, be included. I say that veto threats heroism in Iraq that when you come as enforced by the Treasury Depart- have been made on other provisions in back to this country, you have all the ment’s Office of Foreign Assets Con- this bill. I don’t see any reason why the freedoms of an American except you trol, permits travel to Cuba today only Senate should not go on record and don’t have the freedom to travel to with permission in the form of a li- state its view. It is time to lift the Cuba to see your sick son? We know cense from the Treasury office for cer- travel restrictions on Cuba for all the what the answer is. If we have enough tain reasons such as visits to relatives reasons the Senator from North Da- people around here with the courage to or journalism or religious or humani- kota has outlined today. I hope we will

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11529 get to a vote and be able to move for- AMENDMENT NO. 2063, AS MODIFIED afternoon to find out whether we are ward on this legislation. Mr. KENNEDY. Mr. President, as I going to do that. In the institution I yield the floor. understand it, there is a general agree- that has raised its salary $28,000 over The PRESIDING OFFICER. The Sen- ment among the leadership that the the last 9 years, we will have an oppor- ator from North Dakota. time between 1:30 p.m. and 4:30 p.m. be tunity to see whether we are going to Mr. DORGAN. Mr. President, let me equally divided between myself, who increase annual income by $2,300. finally show the chart I mentioned. I offered an increase in the minimum This chart is an indication of the tra- have many others. OFAC, Office of For- wage, and the Senator from Wyoming, dition of the Senate since the increase eign Assets Control, down in the bow- Mr. ENZI, who has offered a different in the minimum wage. els of the Treasury Department, is sup- approach. We will have an opportunity This demonstrates very clearly the posed to be tracking terrorists. Here is to control the time in that way. increase in the minimum wage. The what OFAC did. These are disabled Mr. President, I yield myself what initiation was by President Roosevelt marathoners. They trained and time I might use. back in the 1930s and then Harry Tru- trained. In fact, as I understand it, At 4:30 p.m., we will have an oppor- man increased it and then Dwight Ei- these folks even had airline tickets, tunity to vote in this body on whether senhower, a Republican, increased it. and they had everything all set. But there ought to be an increase in the The history of the increase in the min- were they allowed to go to the inter- minimum wage, a minimum wage that imum wage has been bipartisan. national meet in Havana? No. No, they has not been increased over the last 9 Dwight Eisenhower increased it. Presi- were turned down by our country be- years. I am very hopeful that we will dent Kennedy increased it; President cause you don’t have the freedom to do vote in this body in support of the pro- Johnson; President Ford, a Republican, that. To say that these folks were dis- posal I have before the Senate which increased it; President Carter increased appointed is an understatement. They will increase the minimum wage by it; President Bush 1 increased it and might wonder about whether we have $1.10. This is the figure that was in- President Clinton. So this has been bi- freedom in this country, when we don’t cluded in the Republican alternative of partisan. have the freedom to travel to this over a year ago. The Republican alter- It is difficult for me to understand Cuba. Why? Because we don’t like its native had additional provisions, and how the increase in the minimum wage leaders. we will have an opportunity to talk has ended up as a partisan issue. It has been bipartisan. The reason it has been Look, there are many countries that about those proposals. bipartisan is because of whom the min- have leaders I am not particularly fond For the information of those people imum wage affects. The fact is min- of. I don’t want to restrict the right of who might be listening to the debate, imum wage workers are men and the American people to travel there. In here is our amendment. It is 2 pages women of dignity. They are hard work- addition to Joni Scott and disabled long, and it provides an increase in the ers. They are the men and women who athletes and so many others, the sto- minimum wage of $1.10. This is the Re- clean out the buildings for American ries now are unbelievable. In the last 3 publican proposal, which is 87 pages commerce. They help and assist our years, this has been laced up tight, long, which will change the whole con- schoolteachers in schools all over this even for folks with close relatives. I cept of the minimum wage and effec- country. They work in our nursing can tell you of people whose parents tively eliminate coverage of the min- homes to provide help and assistance were dying, on their deathbed, 3 days imum wage for up to 10 million Ameri- for the frail elderly, the elderly who away from dying, and their children in cans. The increase in the minimum wage is have sacrificed so much for their own this country were not allowed to go see not complicated. We increase it $1.10. children and have done so much to their mother or father in Cuba. We do it over a 2-year period. It is all make this a great nation. Many of I won’t put up the picture of the guy in the 2-page amendment I have of- them are served by the minimum wage. from the State of Washington whose fa- fered. First, these are men and women of ther died, and his last wishes were that There is an alternative, which is the dignity, working hard, more often than his ashes be dispersed on the grounds of Republican alternative, which basi- not having two or even three jobs, try- the church he served as a pastor in cally undermines, in a very significant ing to provide for their families and Cuba. So a compliant son, after the and important way, the coverage for having an increasingly difficult time to death of his father, said: I want to do minimum wage workers and effectively make any ends meet, and we will get to that. It was his last wish. He took his eliminates coverage and protection, that. dad’s ashes and went to Cuba and went even for minimum wage workers. This issue primarily affects women to the church and distributed his fa- We will have a chance for this body because about 65 percent of all min- ther’s ashes on the grounds of the to make a decision as to whether they imum wage workers are women. The church his father had ministered at for want to see those workers in this coun- majority of the women who earn the many years. Then this country’s Gov- try, who have been left out and left be- minimum wage have children. So it is ernment tracked him down and tried to hind, get a modest bump in their in- a women’s issue, it is a children’s issue, slap a big fine on him for doing it. Un- come. and it is a family issue because we have believable. We can do better than that. I offered this measure on this legisla- families, heads of household in many Our country doesn’t deserve this sort tion because this is the vehicle which instances, single moms or single dads, of nonsense. carried the increase in the cost of liv- trying to provide for their children, I appreciate the support of the Sen- ing for Members of the Congress and working one or two or even three jobs, ator from Washington. As I indicated, Senate. It seems to me, if we were trying to make ends meet. So it is a this is bipartisan. It is not about Re- going to vote on that, we ought to vote women’s issue because so many of the publicans or Democrats. It is about on an increase in the minimum wage. minimum wage workers are women and what is thoughtful and what is It is the judgment—and one I support— a children’s issue because those chil- thoughtless. Let’s choose the thought- that Members of Congress will not take dren’s lives are affected by obviously ful approach for a change. a cost-of-living increase in their pay the circumstance of the one who is pro- Mrs. MURRAY. I suggest the absence this year. We defer that increase. viding for them. It is a civil rights of a quorum. The fact remains that over the last 9 issue because so many of these jobs are The PRESIDING OFFICER. The years, the Congress has increased its open to men and women of color. So it clerk will call the roll. pay by $28,000 on seven different occa- is a civil rights issue, a family issue, a The bill clerk proceeded to call the sions. On seven different occasions, it women’s issue, a children’s issue, but roll. has raised its salary, but we have not most of all it is a fairness issue. Mr. KENNEDY. Mr. President, I ask increased the pay for those who are at The American people understand unanimous consent that the order for the lower end of the economic ladder fairness. They understand if someone is the quorum call be rescinded. who are making minimum wage. I going to work 40 hours a week, 52 The PRESIDING OFFICER. Without think that is absolutely unconscion- weeks of the year, they should not objection, it is so ordered. able. We will have an opportunity this have to live in poverty. Republicans

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11530 CONGRESSIONAL RECORD — SENATE October 19, 2005 have understood that, Democratic productivity over the period of recent problem is not new. Why a rising tide Presidents have understood it, and I years. We have seen now, over the pe- of people live in poverty, who they are, cannot for the life of me understand riod of the last 40 years, productivity and what we can do about it. why our Republican friends on the has gone up 115 percent. Notice that There are the striking photos of peo- other side of the aisle, when we have going back into the 1950s, the 1960s, the ple who were left out and left behind. changed our increase in the minimum 1970s, the minimum wage and produc- The whole article is about hard-work- wage from $2.10 down to $1.10 over the tivity lines were always intersecting ing individuals in that region of the next 2 years, refuse to be willing to ac- because we kept the increase in the country down in Mississippi, Alabama, cept it. minimum wage and productivity to- and Louisiana. Suddenly, the Nation What is it that they have against gether. That was an argument that was was focused on their particular plight working poor people, men and women made. There is plausibility to it. because when the floods came to New who are trying to get the first rung on If that argument was good enough for Orleans, we saw the tragic cir- the economic ladder? What is it about the 30 or 40 years that we first had the cumstances that they were subject to, it that is so offensive to this body that minimum wage, look what has hap- the lack of preparation, the lack of or- we do not give them an increase in the pened in recent times. Workers have ganization, and the lack of outreach to minimum wage and we give ourselves increased their productivity 115 per- them for so many days. These people repeated increases? That is the issue. cent, but the minimum wage has de- are still struggling. Along the gulf And at 4:30 this afternoon, this institu- clined some 31 percent. So one cannot coast, many of those communities were tion will have a chance to express say we cannot increase the minimum absolutely obliterated. itself. wage because we have not had an in- I had the opportunity, with several of The American people understand crease in productivity. So this is cer- my colleagues, to visit those areas 3 this. The American people understand tainly one of the factors. weeks ago or so and to meet a number the minimum wage. There are a lot of This chart is enormously interesting of the individuals, not the particular complex issues, and men and women because it shows that Americans’ work persons who are outlined in this article across this country are working hard hours have increased more than any but individuals whose lives were abso- every single day. They have little time other industrial country in the world. lutely the same. We find so many of to spend trying to figure out a lot of Look at this chart. This is an indica- our fellow Americans who are living in different kinds of challenges, but they tion of the changes in hours worked per poverty. We find increasing numbers of understand an increase in the min- person over the period of 1970 to the Americans living in poverty. There are imum wage. They understand what dif- 5 million more people living in poverty. ference this makes. They will have an year 2002. Actually, in a number of the countries in Western Europe, the per- I have a chart that shows it, but it cer- opportunity to hear about it because tainly does not tell the story that one this issue is not going away. No matter cent has gone down, but we have seen in Australia, Canada, and most of all in sees when they visit the gulf area and how this turns out this afternoon, the visit New Orleans and meet some of the United States, it has gone up. Senate, and most importantly the these families or even visit with them. Americans are working longer, they workers at the minimum wage, can be In my own State of Massachusetts at confident that I am going to continue are working harder, they are producing the Otis Base, where we had several to raise this as long as I am in the Sen- more, and one would think that their hundred of the evacuees who came ate. We will have an opportunity to paychecks would reflect it, at least at there, many of them rescued very late vote on this repeatedly. the lower economic end, or in all areas in the whole process because they had So we can find those of our col- it ought to reflect it, but, no, it does remained in their homes, some of them leagues who want to try and confuse not work that way. We refuse to give trying to help elderly and disabled peo- the issue all they want with 87 pages, that kind of a recognition. ple, and more than half of whom had but this is an increase in the minimum Unfortunately, when the President arrived at Otis still in their damp and wage which consists of 2 pages. That is was asked about the challenges that wet clothes, and they received an enor- what the vote is for this afternoon. people working for the minimum wage mously generous and warm welcome, Some of my colleagues want to rewrite face, the individual conversation be- which they have expressed to our fel- the labor laws on this. Fine, let us get tween the President and Ms. Mornin, low citizens in Massachusetts. to it. But why are we doing that on who is a single mother of three, one of Their stories and their lives are sto- this particular bill? Increase in the whom is disabled, Ms. Mornin said this ries of lost hope, lost homes, lost jobs, minimum wage, one can ask, why on was on February 4, 2005, in the Omaha lost health insurance, lost every as- this bill? Very simply, it was a good Arena in Omaha, NE—I work three jobs pect, tangible aspects of their lives, enough vehicle to increase the salary and I feel like I contribute. separated families, and lost everything of the Members of Congress until yes- President Bush: You work three jobs? but their faith and a sense of hope, a terday when we neutralized it and it Ms. Mornin: Three jobs. desire to try and get back on their feet. ought to be a good enough vehicle to President Bush: Uniquely American, I ask, How in the world is someone provide some assistance to those on the isn’t it? I mean, that is fantastic that going to get back on their feet when first rung of the economic ladder. That you’re doing that. Get any sleep? they are getting paid $5.15 an hour? certainly makes sense to me. That is (Laughter.) How are they going to get back on not what the Republican alternative is That is an indication that there are their feet? about. people in this city who just do not un- All they have to do is read through So we have seen that this has been derstand what is happening to people this magazine and read the life stories historically something Republicans who are earning the minimum wage of these individuals who work and and Democrats, when they are at their level. They are not getting any kind of struggle in two and three different best, have supported. Over a period of recognition. People do not understand jobs. There is the case of Delores Ellis: years, we have seen what has happened what their particular challenge is, but Before Katrina turned her world upside on the issues of productivity. We hear they ought to. I think more Americans down, this 51-year-old resident of New frequently that we cannot afford an in- do today than they did several months Orleans’ Ninth Ward was earning the crease in the minimum wage unless we ago. highest salary of her life as a school are going to have an increase of pro- One of the most moving covers of any janitor, $6.50 an hour, no health insur- ductivity. It is an old economic argu- magazine was this September 19 cover ance, no pension, and then she bounced ment we do not want to add to infla- of Newsweek. It shows a child with around minimum wage jobs. tion, but if we have an increase in pro- tears on her face: Poverty, race, Ellis said: I worked hard all my life. ductivity, of course, then we can con- Katrina, lessons of a national shame. I cannot afford nothing. I am not say- sider an increase in the minimum wage In this rather extensive article about ing that I want to keep up with the because it will not have an inflationary the enormous tragedy that took place Joneses, but I just want to live better. impact in terms of the economy. in the gulf and in New Orleans, it talks Well, one of the ways that she can All right. Let us take that argument about the other America: An enduring live better is an increase in the min- and see what has happened in terms of shame Katrina reminded us, but the imum wage. We cannot solve all of her

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11531 problems, but we sure can provide some Look at what these working people someone who has been such a strong assistance by increasing her minimum are faced with. There is an increase in supporter on these issues, here is a wage. It is as simple as that. cost of gas of 74 percent. You ask so two-page increase for the minimum Americans can understand that. many of those people down in New Or- wage in $1.10. Here is the Republican ‘‘What can we do?’’ they say. Well, leans why they were left trapped in alternative, 85 pages. It rewrites the there are a lot of things that have to be New Orleans, and so many will tell you whole of labor laws, 85 pages. If you are done. We cannot solve all of the prob- they were trapped because they going to be against it, why don’t you lems, but we have to start someplace, couldn’t afford a car or they couldn’t just be courageous enough to say no? and we are starting with an increase in afford the gasoline to get out, and No, no, they want to say: Oh, no, we the minimum wage. therefore they were trapped. A number have a real alternative in here. We are Here are the figures: 5.4 million more of them lost their lives. Others lost ev- going to exclude a number of people Americans in poverty over the period erything, because we have seen the in- who are covered with the minimum of the last 4 years. This is a fierce in- crease in the cost of gasoline, 74 per- wage. That is where we are going to dictment, and we are going to see these cent; health insurance is out of sight start, so they are not even going to get figures have even expanded as a result for any of these families, up 59 percent; the $5.15 an hour. And we are going to of the terrible effects from Katrina. housing and rental gone up through the make many people work overtime and This is what has happened. As we roof, and college tuition—it has gone not get overtime pay. Oh, yes, we will look over history, we see at other up 35 percent, effectively eliminating do that. times and other Congresses, when Con- those possibilities to so many. You know what else, I say to Senator gresses were controlled by Republicans Now over this coming winter here, we HARKIN. There are provisions in here and Democrats—look here, from 1960 have now at the end of October a that say if you are an employer and all the way through 1980, we have the chance to raise the minimum wage you effectively violate what they call a minimum wage effectively at the pov- $1.10, the figure the Republicans had paper report in here, you will get a erty level. This is in constant dollars. suggested last year. Here we have what nonmonetary fine. You will get no This was over a period of some 30 is going to happen in our region of the monetary fine, even though that might years, Republicans and Democrats country. In the colder region—not only be an oil spill, that may be contami- alike. We say if you work hard, want to the Northeast but in many of the cold- nated food. Why are we pulling that work and work hard, you are not going er regions—we are going to see a 50- here in the Senate this afternoon? to have to live in poverty here in the percent increase in the cost of natural What is it about it that we suddenly United States. gas for heating, we are going to get know so much about that particular Look what has happened in recent about a 27 to 30-percent increase in the issue here on this particular legisla- years. Here were the last two increases cost of home heating oil, and about an tion? we had in the minimum wage and here increase of 5 to 7 percent in the cost of If you are going to be against $1.10, is the collapse again of the minimum electricity. Our part of the country be against $1.10. But they have all of wage in terms of its purchasing power. uses 40 percent natural gas, 40 percent the other shenanigans in that legisla- What did our brothers and sisters in heating oil, and this is the rest. We see tion that are going to provide addi- the Congress, what did Republicans and what is happening in the home heating tional short shrift for the neediest peo- Democrats know then, over a 30- or 40- oil. ple. Now we can say at least Congress is year period, that we do not understand I will be glad to yield some time to going to help some of these families be- now? What is it, so that we are so un- my friend and colleague from Iowa. cause they are going to recognize the willing to see a bump, a small bump of The PRESIDING OFFICER (Mr. explosion of these costs of heating and an increase in the minimum wage? SUNUNU). The Senator from Iowa is rec- keeping warm in these homes. In many Oh, no, we have an 85-page alter- ognized. instances it is as important as their native, they will call it. This is an al- Mr. HARKIN. Mr. President, I thank prescription drugs and the food they ternative filled with what we call poi- the ranking member for his leadership eat. They are going to have to make son pills, filled with taking people out on this issue and so many issues that some hard choices. This is the reality. of coverage, filled with new changes in affect working families in America. We are saying at least give them $1.10. overtime legislation to limit people Senator KENNEDY has been trying for You are going to find out if any of the from receiving any overtime. years to get some measure of justice minimum wage workers, maybe work- We know the importance of overtime for the working poor in this country, ing a couple of jobs and maybe with a to workers. Many of them use that trying to get the minimum wage home up in New England—their heat- overtime pay they receive to put away raised. Senator KENNEDY has been out ing bills are going to go up $600 or $800 to educate a child. Here we have an at- here each of the last 7 or 8 years trying or $900 over the course of the winter. tempt to undermine overtime for work- What is Congress doing? Basically it to get this done. Every year the other ers. authorized the $5 billion to try to help side turns him back. But this year we An argument is sometimes made that provide some relief. We hear the expla- cannot turn him back. We have to we cannot afford a minimum wage be- nation for the increase in these costs is adopt this increase, this modest in- cause it will be an inflator in terms of because of what has happened to refin- crease in the minimum wage. our overall economy. Our economy is eries in the gulf. That is an act of God. We debated this amendment by Sen- somewhat uncertain at the present We couldn’t control it. So those refin- ator KENNEDY last March on the bank- time, and therefore we cannot afford to eries are down. Now we find out that ruptcy bill, to raise the minimum have an increase in the minimum wage the gas and heating oil have gone up wage. It failed on a largely party-line because it will have an adverse impact and it is going to be particularly harm- vote 46 to 49. in terms of our economy. ful to needy people, to poor people, to We are back at it again. You would This is an interesting chart: Increas- people earning the minimum wage. think after what we saw with Hurri- ing the minimum wage to $6.25 is vital Are we giving them any help and as- cane Katrina, where the mask was to workers but a drop in the bucket of sistance? The answer is no to that. We ripped off of George Bush’s America, an the national payroll. All Americans are not seeing any increase in the America where the poor are out of combined earn $5.7 trillion a year. A home heating oil program, the LIHEAP sight and out of mind, you would think minimum wage increase to $6.25 would Program. We are not seeing any in- that Katrina brought home to us that be less than one-tenth of 1 percent of crease in that. they are very much present all over the national payroll; one-tenth of 1 They are getting the short shrift this country. By the poor, we don’t percent. every single way: No help and assist- mean those who are just not working, You say this is an inflator; if we in- ance in facing a cold winter, no help who are loafing or sloughing off; these crease this to $6.25, this is going to add and assistance we can provide by ap- are people who work. They go to work to the problems of inflation we are fac- proving a $1.10 increase. every day. They work hard. They try to ing. Here it is, it is less than one-tenth I see my friend from Iowa here on the raise their families. Yet, our minimum of 1 percent. floor. I want to point out to him, as wage law says they are only worth $5.15

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11532 CONGRESSIONAL RECORD — SENATE October 19, 2005 an hour, the same wage it was over 8 comes as no surprise to anyone here— March of this year. He may be a fine, years ago. We have not raised it in 8 President Franklin Roosevelt said: decent person. I do not know. I am years. No business which depends for existence on casting no aspersions on him. I am just Thirteen percent of our people are paying less than the living wages to its talking about what he got: an employ- living in poverty. I say to my friend workers has any right to continue in this ment agreement worth $20 million in from Massachusetts, there is always country. cash, stock, and perks. Included in his this talk about all the people who got He went on to say: pay package was a $2 million signing off of welfare in the last decade. They By living wages I mean more than a bare bonus, a $2.7 million cash relocation al- may have gotten off of welfare but they subsistence level. I mean the wages of a de- lowance, free housing for a year, and a didn’t get out of poverty. They are the cent living. 4-year mortgage interest subsidy. working poor. They are working every President Franklin Roosevelt had it With housing costs up 44 percent in day but they are not out of poverty. right. America can do better than what the last 4 years, imagine what it would They may be off of welfare but they are we are doing right now, a poverty wage mean to a low-income family to have a not out of poverty. of $5.15 an hour. year’s worth of rent or mortgage-free You would think those of us here in Senator KENNEDY went over some housing. Imagine that. But Mr. Hurd, the Senate who have had our pay in- things I think bear repeating when you who got $20 million, got that. creased several times over the last 8 look at what is happening. In 1999, Mercer Human Resources years to adjust for the increased cost of I was in Iowa this weekend. What I Consulting began tracking the proxy living would at least raise theirs. Right am hearing more than anything else is statements of 100 major U.S. corpora- now minimum wage workers are earn- the cost of natural gas prices, heating tions. In 2004, according to Mercer’s ing $10,712 a year. I don’t know if any oil prices double. I heard testimony survey, CEO bonuses rose 46.4 percent of you have ever read the book by Bar- from a man that his heating oil prices to a median of $1.14 million, the largest bara Ehrenreich called ‘‘Nickel and have doubled. percentage gain and the highest level Dimed,’’ where she went out and tried Low-income people have to go pay in the last 5 years. CEOs in this study to live on minimum wage jobs and their heating bills. enjoyed median total direct compensa- what it was like. I commend it for your There is another little quirk in the tion of $4,419,300 per year. That CEO reading. It will give you an idea of law. The Senator from Massachusetts compensation figure in excess of $4 what people go through as they try to mentioned the LIHEAP program. We million is 160 times the income of the work and raise their families. need to put money in the LIHEAP pro- average U.S. production worker last We keep hearing the age-old argu- gram. There is a little quirk in the law year. ment. I have heard it every time in the that even I didn’t know about, and I All we are asking for is a paltry $1.10 last 30 years I have served in both the have been working and supporting increase in the minimum wage. You House and Senate every time the min- LIHEAP for all these years. If you are would think this would be adopted imum wage comes up: These are teen- cut off of your supply, you are then in- unanimously in the Senate. agers flipping hamburgers; nobody else eligible for LIHEAP. Imagine that. So you can see the ‘‘suits’’ are taking makes that. Let us say you get heating oil. It is a care of themselves in our society. But But we know what the facts are. deliverable commodity. It is not like a the working poor, forget about it. They Facts are stubborn things. We have a natural gas pipeline. Let us say you are left on the side of the road in the lot of doubt—don’t trust me, trust your can’t pay your bills. You have some shadows. own Department of Labor. Trust the bills left over, you can’t pay them, and President Bush in New Orleans after one that is run downtown right now. they refuse to deliver heating oil to Katrina said: ‘‘We should confront pov- Here is what they will tell you: 35 per- your home. You are not now eligible erty with bold action.’’ cent of those earning the minimum for LIHEAP. That is right. You have to Where is the bold action? Where is wage are their family’s sole bread- get the money upfront. the strong voice in the White House winner—35 percent. It doesn’t sound That is what we are trying to get, asking this Congress to step up to the like a teenager flipping burgers to me. more money for LIHEAP. Yet the other plate to increase the minimum wage Sixty-one percent are women and side will not allow us to do so. I had and do what is right. You have just the one-third of those are raising chil- testimony from a young mother who opposite. We have the White House sup- dren—61 percent of those are women. got LIHEAP in this past year. You hear porting the Republicans in the Senate This is a women’s issue, too, when you these stories. They tear your heart out. saying no to this small increase in the think about it. Most of them are stuck. She is a single mother with a small minimum wage. Many of them are single parents. Many baby. She said because they ran out of I think it is unconscionable. Have we of them are not receiving child sup- money, she put her baby in the bathtub in the Senate finally joined the port, and they are doing their in the small bathroom with a space Neiman Marcus crowd? Have we be- darnedest to raise their kids. They are heater during the day. Then at night, come so totally insulated from real working and they are making $5.15 an she puts her baby in two snowsuits and families who shop at Wal-Mart and hour. covers her up hoping that they would Kmart? Have we become so insulated Last March, when we voted on the be warm all night as she put her in bed from families who struggle to get by Kennedy minimum wage increase, next to her. day after day that we can’t even see there was talk that the Senate Finance Real people live this way. It is hard the necessity of raising the minimum Committee would move a markup of a for some of us to imagine. Real people wage $1.10 an hour? Is that what we welfare reauthorization bill. I heard live that way. They are making the have become? I certainly hope not. the words on the other side of the minimum wage. That is what she was I am sorry that somehow it becomes aisle—let’s not do it now; we will wait making, minimum wage. a partisan issue. It should not be a par- for welfare reauthorization. We have If you look at the price of gas, up 74 tisan issue. I would have thought the been waiting. There is no welfare reau- percent; health insurance, up 59 per- other side would join and say, yes, we thorization bill. There is none. cent; housing, up 44 percent; college have to do this together. We wouldn’t So now is the time to do it. We can- tuition, up 35 percent, yet the min- be standing here having this debate. not wait any longer and neither can imum wage is stuck where it was 8 I urge my colleagues to support the the working poor. The minimum wage years ago. Who can afford to pay all of Kennedy amendment. It is the right needs to be raised to a level that is not these increases? Obviously, if you are thing to do. It is long overdue. I hope just a subsistence wage but a wage that one of these big corporate CEOs, here is when people come to vote they think of respects work, honors work, and re- where you are, up here. Here is where those families out there who have no- wards work at a reasonable level. workers’ wages and benefits are, down where else to turn. Listen to this: Franklin Roosevelt, here. If we don’t increase the minimum when we passed the first minimum Listen to this. I don’t mean to pick wage, they are going to be colder this wage law in the 1930s and Republicans on any one person. Mark Hurd took winter, they are going to be sicker, were opposed to it—I assume that over as CEO of Hewlett-Packard in they are going to go to the emergency

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11533 rooms, and we will pick up that tab, not been one net new private-sector job For more than 100 years, we have too. Their kids are going to be less created in the last 41⁄2 years. worked very hard to make sure the healthy. They will not learn as well in This chart, which should be a rebuke deck was not stacked against the aver- school. Anxiety levels will rise and to all of us, shows that we now have in- age American. Teddy Roosevelt under- families will disintegrate. creased the number of people living in stood that if we did not have a fair To me, raising the minimum wage is poverty. In 2000, we had 31.6 million playing field, if people were permitted a small price to pay for domestic tran- people, which was far too many. Now to monopolize capital and abuse labor, quility, to say to those 37 million we are up 5.4 million. Why? Because a lot of people would get rich, but the Americans out there—as I said, most of the economy is not creating jobs, and vast majority of Americans would whom are women, many of whom raise many of the jobs that are in the econ- never get ahead. So he began to agitate families on the minimum wage—we can omy are no longer paying wages that for and accomplish making sure we had do better, and we have to do better. families can live on and can work their a fair economic system. I urge my colleagues to support this way out of poverty. As we moved through the 20th cen- amendment. I thank my leader and my We know everything else has gone tury, we saw adjustments made. colleague from Massachusetts, not only up. Across America, people are spend- Franklin Roosevelt understood that for today but for all of the battles he ing 74 percent more on gas than they the hazards and vicissitudes of life has waged for so many years on behalf did at the beginning of 2001. Heating oil strike any of us and that a fair and just of basic justice and fairness for Amer- prices are expected to rise by more society tries to provide a little help so ica’s working families. than 50 percent this winter. Such rapid that people overwhelmed by cir- I thank the Senator from Massachu- price increases will force consumers, cumstances often beyond their control setts for yielding me this time. I thank especially poor working people, to cut would be able to keep going, raise their him for his great leadership on this and spending on clothing, health care, and children, and plan for the future. We many other issues of basic justice. food so they can get to work and keep put in a lot of Government programs to The PRESIDING OFFICER. Who warm this winter. make sure we had a balance of power, yields time? These rising costs and falling wages a balance of power between capital and Mr. KENNEDY. Mr. President, I yield are illustrated in this chart. Where labor, between management and em- such time as the Senator from New heating oil is going up dramatically, ployees. And it worked very well. the buying power of the minimum wage York may use. The history of the economic pros- is going down. Of course, we are in the The PRESIDING OFFICER. The Sen- perity of the American middle class in post-Katrina phase, which, lest we for- ator from New York is recognized. the 20th century is the greatest exam- get, demonstrated in stark terms how Mrs. CLINTON. Thank you, Mr. ple of what can happen in a democracy so many Americans live every day on President. where people’s energies are freed so Mr. President, I find it almost hard the brink of economic disaster. Any they can compete for themselves but to believe that we are on the floor of setback becomes a major obstacle to within a framework of rules. I am very the Senate arguing over the necessity being able to pay for gas, pay for food, proud of the progress we made in the for an increase in the minimum wage. pay for health care and prescription 20th century, and I am particularly I am strongly supportive of Senator drugs, pay for tuition, pay for all of the proud of the last 8 years of the 20th KENNEDY’s amendment, and proud to necessities of life. century where 22 million people were cosponsor it. I urge my colleagues on It is hard to stand with this amend- lifted out of poverty, where we raised both sides of the aisle to vote in favor ment before the Senate and not won- the minimum wage, where we said to of it and to oppose the second-degree der, when will the majority stop giving people: You have to work, but if you amendment. privileges to the already privileged? At work, we will make sure you and your This amendment does not go as far as what point is it too much? Never has a children have a fair chance. I or Senator KENNEDY and others would political party given so much to so few have preferred. It raises the minimum who needed it so little. And it never We have reversed that progress. It wage to $6.25 an hour, far short of the ends. We are more than happy to con- appears as though people are just sleep- walking through this Chamber and the $7.25 an hour that Senator KENNEDY tinue to provide tax breaks for the and I and 48 other Senators proposed in wealthiest among us while we cut the Chamber on the other side of the Cap- March. But we could never get a vote social safety net, while we refuse to itol. Don’t we see what is happening on that. This amendment, however, raise the minimum wage. Shame on us. before our very eyes? We are under- should have even greater support than At some point, there has to be a rec- mining the American dream. We are the 50 cosponsors we had last March. It ognition that we are tilting the scales making it nearly impossible for people should pass unanimously out of this dramatically against average Ameri- to believe that tomorrow will be better body. Fifty Senators just last March cans. The middle-class wages are stag- than today and yesterday. supported an increase to $7.25. And now nant. Health care costs are going up. These numbers speak for themselves. we have to cut the increase with a hope The number of the uninsured is going Look at this. The minimum wage no that we can get, No. 1, the vote we are up because people who work hard for a longer even lifts a family out of pov- hoping to get on this appropriations living are no longer offered insurance erty. You can go to work 40 hours a bill, and, No. 2, an overwhelmingly bi- or cannot afford to pay what it costs. week, you can clean the rooms and the partisan passage. Pensions and retirement security are toilets in a motel, you can serve the Since March, we have seen even more at risk. There is something wrong with food in a restaurant, you can work in a evidence as to why this is critical. At a this picture. small factory, you can make that min- time when working families are strug- With all due respect to those who imum wage, and you cannot even get gling to make ends meet, it is criti- have a different economic philosophy, your family out of poverty. What kind cally important that we do something. rich people did not make America of message does that send? The whole Senator KENNEDY has called this great. I am all for rich people. Ever idea of America is if you work hard and amendment a downpayment on what is since my husband got out of office and you play by the rules, you will be suc- truly needed. Today, the Federal min- got into the private sector, I think it is cessful, you will have a chance to do imum wage is $5.15 an hour, an amount great. I never knew how much the better. that has not been increased since 1997. President really liked us; he cannot Look at that chart. It speaks for Unfortunately, the same cannot be give us enough tax cuts. I have nothing itself. We have been on a steady slow said of the cost of living. Over the past against rich people; that is part of the decline. Even when we got a bipartisan 3 months, according to the Federal De- American dream. But with all due re- agreement to raise it in 1997, we still partment of Labor, inflation has in- spect, it is not rich people who made did not get above the Federal poverty creased more rapidly than any time America great. It is the vast American line. since early in 1990. middle class. It is the upward mobility What message are we sending to mil- We also know the poverty rate is of people who thought they could do lions of hard-working Americans? I going back up. The fact is, there has better than their parents. represent a lot of them. I represent

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11534 CONGRESSIONAL RECORD — SENATE October 19, 2005 people who are working hard for a liv- ing civil fines for most first-time re- hours, and the next week, maybe the ing. You see them on bicycles in Man- porting violations and preempts week their daughter or son is getting hattan delivering food. You see them States’ abilities to enforce these laws. married, they work fewer hours so they doing all the hard work, the janitorial In my State, we happen to think that can participate in the excitement of services at night. In upstate New York, some of those rules need to be enforced. planning for that wedding. I see them as they get up every day and James Madison said in the Federalist: There are a lot of people in the Fed- go to work and believe that they are If men were angels, there would be no eral Government who, when one of doing what they should do. What mes- need for a government. But we aren’t, their family members, unfortunately, sage are we sending them? Too bad, and we never will be, not on this Earth. gets very sick and has to go in for an keep working. Don’t expect anything The job of government is to help level operation, want to be able to be with from us. We are too busy giving tax that playing field, help right that bal- that loved one during that time of tre- cuts to the wealthiest of Americans. ance. Otherwise, people are powerless mendous trauma. They want to be able That is a choice that will be made by to defend themselves, especially when to get to that hospital and not worry this Senate. As far as I can tell, it will they have to get up every day and go to about not doing their job correctly at be a choice to vote against the min- work to keep body and soul together the same time. So they seek the oppor- imum wage and to vote instead for the and food on the table, particularly if tunity of flextime, too. second-degree amendment which is de- they are single parents trying to make Then there are other people who signed not only to defeat Senator Ken- do on minimum wage. work for the Federal Government who nedy’s amendment but to do even more It is disheartening. We could have have children who do exciting things. harm to the paychecks of working had an up-or-down vote on the min- Maybe they are in plays. Maybe they Americans. imum wage. If you want to vote are in bands. Maybe they are good ath- This is what I don’t understand. The against the minimum wage, vote letes and in sports. Maybe they are not second-degree amendment denies more against the minimum wage. But to in- good athletes but sit on the bench, but than 10 million workers the minimum troduce a second-degree amendment they like to go to those games, they wage, overtime, and equal pay rights loaded with poison pills that are like to go to those plays, they like to by ending individual fair labor stand- against workers, that are against fair- go to those band recitals. Maybe they ards coverage and raising the threshold ness, that speaks louder than any are a fair distance away, so they want for which a business would be held ac- words I could say in this Senate. to drive them, they want to take that countable to 1 million from 500,000. In There will be a day of reckoning. We extra Friday afternoon and take them short, and let’s make no mistake about cannot continue to tilt the scales out to that event because it is a big this, the second-degree amendment against the vast majority of Americans part of their life, a big part of their would be the end of the 40-hour work- and not be held accountable in the po- family, and they take advantage of week. So we can go right back to the litical process. The mask has been flextime to do that so they do not un- end of the 19th century because that is ripped off of compassionate conserv- dermine their ability to do their job. where we are heading. There are those, atism, and people see it for what it is— Is that the 19th century way we deal bless their hearts, who believe America partisan politics to favor the rich. If with employees? What an outrage to was better off at the end of the 19th that is what we are going to be fighting make a statement like that. Maybe the century, when you were told what to against in this Senate, I guess bring it Senator from New York has some do, and you had to do it, and you did on, because on that fight the vast ma- unique view of the 19th century that not have much of a choice about it. I jority of Americans, regardless of what says that when you give a family more don’t agree with that. I am proud of party they claim, are on the same side. time off to deal with family issues, the progress we made in the 20th cen- They want to make sure the deck is that is counterproductive to having a tury, but I am absolutely convinced not stacked against them, that they strong family. Maybe we are not rais- some people are trying to head us right have a fair chance to compete, and that ing a village when we do that, but I back there. their labor gets a fair return. sure think we are encouraging the If it is the end of the 40-hour work- I hope our colleagues will rally in strength of the family when we do that week and the end of the American support of Senator KENNEDY’s amend- for our Federal employees. weekend because there are no rules on ment and vote against the second-de- What are we suggesting here? We are overtime, that means a pay cut of gree amendment. We should pass an in- suggesting the employer and employee $3,000 a year for the median-income crease in the minimum wage, and it in the private sector have the right to earner and an $800 pay cut for those should not come at the cost of denying reach the same agreement that the earning minimum wage. Now employ- basic rights to millions of Americans Federal employee has with the Federal ees are already free to offer more flexi- and turning the clock back to the 19th Government; that over a 2-week period, ble schedules under current law, but century, which is what it would do. an employer and an employee, only today if they come in and they tell an I yield the floor. with the consent of the employee, only employee, ‘‘Guess what, I need you this Mr. ENZI. I yield the Senator such under a voluntary condition, without weekend, you are going to have to time as he may consume. any mandate, and with significant safe- work’’, they have to offer overtime The PRESIDING OFFICER (Mr. guards so there cannot be any coercion, when the work is more than 40 hours a ALEXANDER). The Senator from New that employee and that employer, if week. The second-degree amendment Hampshire. they decide it is to the benefit of both would undermine that basic protection. Mr. GREGG. Mr. President, as we of them to allow the employee to shift So instead of making it easier for fami- speak in the Senate, sometimes we are their workweek from a 40-hour week lies to spend time together, we basi- caught up in hyperbole. I am certainly one week and a 40-hour workweek the cally are going to tell workers that afraid that has been the case on the next week to a 50- or 45-hour week one they have to do whatever they are told other side as they try to describe flex- week and a 30- or 35-hour week the next at risk of losing their job without any time. To say this is a return to the 19th week or something in between, they overtime pay or any other compensa- century is a unique view of something will have the right to do that. It does tion. which all Federal employees have the not undermine the 40-hour workweek. The second-degree amendment also right to do today, which is to exercise It encourages more productivity, and it prohibits States from providing strong- flextime. gives people more opportunity to be er wage protections than the Federal Why is flextime allowed for Federal home, in most instances, to participate standard for employees such as waiters employees? Because there are a lot of in important events, some of them and waitresses who rely on tips. The people who work in the Federal Gov- unasked for, some undesired such as amendment removes agency discretion ernment who would like to have the health issues, and some very exciting and creates a safe haven for violators opportunity, if somebody in their fam- such as weddings or children doing spe- of a broad range of consumer, environ- ily, for example, is getting married, to cial things in school. Or it may simply mental, and labor protections by pro- be able to restructure their workweek be a young couple who wants to get hibiting Federal agencies from assess- so that one week they will work more away a little early some week in order

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11535 to enjoy the fact they are newly mar- them to argue that it becomes a 19th floodwaters, trying to keep their chil- ried. Or it could be any other multiple century approach to say we would like dren and their families together. of personal events that might occur people who are in the private sector to America may not soon forget that that causes somebody to say: I would have the same rights as people in the image, but, sadly, many politicians in like to work longer one week and less Federal sector. People in the private Washington have already forgotten. the next week so I can take advantage sector should have the same rights as The poor people of New Orleans who of that. people in the State sectors. People in suffered—as those who did in Mis- How can the other side of the aisle, the private sector should have the sissippi and Alabama—those poor peo- in good conscience, and with a straight right of their own volition, of their ple were underwater long before Hurri- face, come to this floor and say that is own initiative, protected by significant cane Katrina arrived. They were under- some sort of coercive event, that is laws which avoid coercion, to choose to water because they were submerged by some sort of event that undermines the work longer one week and less the next poverty. They were submerged by a right of individuals and the labor force week so they can do things such as par- health care system that denies them of America, especially when that right ticipate in their family’s lifestyle, basic health care protection. And, yes, is given to all Federal employees and whether it is a soccer game, a wedding, they were underwater because if they many State employees? The exaggera- or whether it would be, unfortunately, got up and went to work every single tion is extraordinary. The hyperbole is some medical event, or anything else day, and worked 8 hours a day, the excessive. The policy they are sug- that is appropriate. most they could hope for under Federal gesting is 19th century. They are say- Mr. President, this amendment by law is $5.15 an hour. ing: You are going to work 40 hours the Senator from Wyoming is an excel- It has been 8 years since we have this week, and you have to work 40 lent amendment, and in the context of raised the minimum wage. Senator hours next week, and no matter how the debate, it is especially excellent be- KENNEDY of Massachusetts has val- much you might not want to work cause, essentially, we are not fighting iantly raised this issue every year, beg- under that structure, you cannot over increasing the minimum wage any ging the President to come forward and change because we know better than longer in the two amendments. All we stand up for those poor, vulnerable peo- you know. I, the Senator from New are fighting over is whether we are ple in America. Today he asks for what York, know better what the employees’ going to give small business a little is a modest increase in the Federal workweek in New Hampshire should be more protection, a little more right to minimum wage: 55 cents an hour with- like. Or the Senator from New York be productive and therefore create in 6 months of enactment, and another knows better about the workweek than more jobs, whether we are going to 55 cents an hour 1 year later. the people of New York. give individuals the opportunity to Not a single family with this in- Well, I happen to think that allowing have more flexibility and a better life- creased minimum wage will really get people to develop some opportunities style. out from under the burden of poverty. to structure their workweek so they Mr. President, I yield the floor and We know it. Take a look at what fami- can better care for their family, better yield back the remainder of my time, lies face today. Since 2001, the price of assist their family’s lifestyle, have a to the extent I have any, to the Sen- gasoline has gone up 74 percent. I think better quality of life—doing it all in ator from Wyoming. it is even higher. Health insurance, has the context of protecting the rights of The PRESIDING OFFICER. Who gone up 59 percent, if you are lucky the worker so they are not asked to yields time? enough to have it. Housing has gone up work any more hours, doing it all in Mr. KENNEDY. Mr. President, I have 44 percent. College tuition has gone up the context of a voluntary program, a question on time. How much time re- 35 percent. doing it all in the context of allowing mains on either side? Yet when we come to the floor and the employee to make the decision, not The PRESIDING OFFICER. The mi- ask for the most basic minimum wage the employer—I happen to think that nority has 24 minutes. The majority increase for the hardest working people is a pretty appropriate way to deal has 76 minutes. in this country, we are told by the Re- with somebody’s work in relation to Mr. KENNEDY. We have 24 minutes; publican side of the aisle, no. No. They their lifestyle. I think that is a 21st is that correct? have forgotten the images of Hurricane century approach. The PRESIDING OFFICER. Twenty- Katrina. If they ever experienced them, I think the other side’s proposal is a four minutes. they have forgotten what it is like to 19th century approach. Or maybe that Mr. KENNEDY. Mr. President, I yield have a limited amount of money to try is too much hyperbole. Let me just say 8 minutes to the Senator from Illinois. to feed and clothe and shelter a family. the other side’s approach is misguided. Mr. DURBIN. Mr. President, I thank Mr. President, $5.15 an hour in the I think our approach gives people the the Senator. United States of America? Why in the type of flexibility—that is why it is Mr. DODD. Mr. President, may I ask world are we even debating this? For called flextime—in which most people unanimous consent that I be allowed to Senators to come to the floor and say: would like to have the opportunity to follow the Senator from Illinois? I ask Well, we want to give employers more participate. This is a good proposal. unanimous consent that I can speak for flexibility on overtime—do you know It is especially good because it comes 7 or 8 minutes following the Senator what that means? It means denying in the context of being the essence of from Illinois. workers overtime pay. the debate now. The Senator from Mas- The PRESIDING OFFICER. The Sen- Do you know what their proposal is? sachusetts has adjusted his amendment ator from Massachusetts controls the If your employer comes to you and so the amount of increase in the min- time. says, ‘‘Listen, the boss says you are imum wage is essentially the same as Mr. KENNEDY. Mr. President, I yield going to work 50 hours this week and 30 the amount of the increase in Senator such time to the Senator from Con- hours next week,’’ you put them to- ENZI’s bill. The issue of dollars relative necticut as he has requested in his re- gether and it is 80 hours. No overtime. to the wage increase is no longer a fac- quest, following the Senator from Illi- ‘‘I hope you enjoy a little more time tor. That is no longer a factor. The nois. with your family.’’ Really? Fifty hours only thing we are really debating about The PRESIDING OFFICER. The Sen- this week, 10 hours of overtime but not right now is giving small businesses ator will be so recognized. an extra penny in overtime pay. That some relief and allowing people flexi- The Senator from Illinois. is the Republican proposal. Great bility in their workweek, which we Mr. DURBIN. Mr. President, America ‘‘flexibility.’’ give to all Federal employees, but for will not soon forget the images of Hur- One of the Senators said that gives some reason the other side resists giv- ricane Katrina, some of the poorest you more time to go to soccer matches ing to people who do not work for the people in our country exposed to the with your kids. Well, assuming you can Federal Government and who are sub- worst natural disaster in current mem- afford the gasoline for your car to get ject to the 40-hour work rules. ory. We watched that television screen to that soccer match, you realize in So I must say, with respect to the 24/7 and saw our fellow Americans your heart of hearts you are making other side, I find it disingenuous for struggling to survive, fighting the less money than you would have made

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11536 CONGRESSIONAL RECORD — SENATE October 19, 2005 trying to make ends meet and keep I have often said—and it has been re- going to get the kind of level of sup- your family together. peated by others—the best social pro- port that makes it possible to make Let me tell you something else that gram ever created was not by an act of ends meet. troubles me, too. How many people are Congress. It was not created by a regu- I would hope that, No. 1, we would standing up on the Senate floor and lation or rule. The best social program adopt this amendment. Let’s get back talking about what is happening to ever created was a job. Think of all the to the days when we were able to come corporate profits while workers’ wages benefits, the intangibles, that accrue to agreement on something that would are suffering? Corporate profits have as a result of having a good-paying job. take people who are struggling and gone up 105 percent, while basic work- Here we are saying to people: Work give them a chance to make ends meet. ers’ wages have gone up 3.2 percent. It hard and make only $5.15 per hour. You I have one more chart that highlights just tells you that when it comes to cannot even begin to provide for the the importance of all of this. Consider providing some opportunity in this basic needs of your own family. what is going to happen as heating oil country, there is plenty of opportunity What bothers me a great deal is how prices go up by more than 30 percent. for those with the highest levels of in- things have changed here in the Sen- We are talking about the minimum come. We give them the tax breaks and ate. In my 24 years in the Senate, I re- wage actually going down in excess of ignore the working families struggling call with great vividness the real dis- 8 percent in terms of its ability to help every single day to keep it together. cussions we had. I won’t bore my col- people make ends meet. We have the Senator ENZI of Wyoming is a good leagues going back to the Roosevelt ad- Bush economic plan that is going to colleague. He and I have worked to- ministration, although it is not insig- have rising energy costs with a declin- gether on many good things, and I am nificant to talk about it. But just in ing minimum wage. What in the world happy to work with him in the future. more recent years, the minimum wage do we think people are going to do? I have to tell you, his amendment is a battles were not battles. They were re- How are they going to make ends very bad idea. The Enzi amendment solved in a bipartisan way. My col- meet? How does that get done? What would deny to more than 10 million league from Massachusetts can tell you happened to compassionate conserv- workers across America the minimum chapter and verse how it was done. atism? What happened to the days of wage, overtime pay, and equal pay What has happened to us? What is the first Bush administration, and the rights. And, sadly, it would be the wrong with this Congress, in these Reagan administration as well, when death of the 40-hour workweek. days, that we are incapable of raising we were able to come to agreement In the home I grew up in, we knew the minimum wage to meet even the about the minimum wage? that the Good Lord gave us the Sab- level of inflation for poor people in this Mr. KENNEDY. Will the Senator bath. We knew that organized labor country? Increasing the minimum yield for a question? gave us the weekend, understanding wage was never a divisive battle. That Mr. DODD. I am happy to yield. that families would work hard Monday was done by almost unanimous con- Mr. KENNEDY. The Senator very through Friday, and they could spend sent. We would work it out, come up eloquently pointed out the fact that we time together on Saturday and Sun- with an amount that we could afford haven’t seen an increase in the min- day. You will see the end of that week- that made sense for people, and enact imum wage in 9 years. Inflation has end with the Enzi amendment. You will it. eaten away from that $5.15 as costs and see workers plunged into extra hours of These are familiar examples, as prices have gone up. Is the Senator work without overtime pay, for a shown on this chart, going back to the aware of the increase in the minimum whole week, and fewer hours the fol- Roosevelt administration, when the wage that has taken place, for exam- lowing week, and no overtime benefits. minimum wage was enacted, going ple, in Great Britain? They have the That really cuts the heart out of op- through the Clinton administration, second most successful economy in Eu- portunities for families across Amer- where we were actually able to get rope; Ireland being No. 1. They were at ica. We have to understand something those kinds of agreements between Re- $8.56 an hour. This year they have gone very basic in this country. We are publicans and Democrats. And here we to $8.85 an hour. Next year, in October, going to make some important deci- are now, for the last 5 years, still bat- they will likely go to $9.44 an hour. sions in the closing weeks of this ses- tling over whether we can get a modest From 1999 to 2003, Great Britain has sion. Will we remember the vulnerable increase in the minimum wage. brought more than 1.8 million children people who were the victims of Hurri- I am really stunned by it. This in- out of poverty. That is what has hap- cane Katrina? Will we understand how crease of $1.10, gets you to $6.25. It pro- pened in another economy that says many other families across America vides for some additional groceries and that the increase in the minimum wage are underwater today because they do rent, 1 year of childcare. That would be and providing at least a living wage for not have health insurance, they cannot an additional $2,288 if we adopted the individuals is not adverse to the econ- afford gasoline? They are working 40 Kennedy amendment. omy. It is important to an economy. hours a week and cannot make ends There are so many examples that can And most importantly, it has been cru- meet. They are deep in credit card debt be cited about what this means and cial to lifting children out of poverty and cannot get out of it. what people are going through. The and avoiding the kinds of circumstance For once, wouldn’t it be great if the Senator from New York raised this ear- that we have seen after Katrina. Senate came together on a bipartisan lier. Senator KENNEDY has, as well. Why is it that they can understand basis to stand up for working families? This is that chart that shows where the this and be so successful, and we, 9 The way to do that is to vote for the minimum wage is. As shown here, this years later, are still on the floor of the Kennedy amendment and to oppose the is the poverty line. The black line is Senate for an hour and a half, and I bet Enzi amendment. the poverty line. We have been without we will still be unwilling to provide an Mr. President, I reserve the remain- these increases in the minimum wage. increase of $1.10 for some of the hardest der of my time and yield the floor. People are literally staggering at the working Americans? The PRESIDING OFFICER (Mr. MAR- bottom with a little more than $12,000 Mr. DODD. In response, the Senator TINEZ). The Senator from Connecticut a year. Here is the poverty line. makes a very good point. We have a is recognized. How do you explain to people, good tendency to think about raising the Mr. DODD. Mr. President, let me people, what we are doing in this Con- minimum wage as being a cost to soci- begin by thanking our colleague from gress when we cannot even get this ety. What the Senator from Massachu- Massachusetts for, once again, offering number up even close to the poverty setts is pointing out is quite the con- this amendment. As he has pointed out line for people to make ends meet? trary. Raising the minimum wage is an already, this is a pared-down version of What has happened? This never was a overall benefit. In fact, the Senator is what was offered before. It is hard to debate that caused great friction—to absolutely correct. In Great Britain, in comprehend how anyone, let alone a talk about making sure people out fact, in no small measure because they family can make ends meet on $5.15 an there working hard would be able to have actually raised the minimum hour. How do you pay for housing, food, provide for their family. Now, we would wage, the economy of that nation has clothes and other staples? turn around and say: You are not even improved. In the years since we have

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11537 not increased the minimum wage in State would have to protect its people. fine that time. That is a small conces- this country, we have watched millions That is ridiculous. With all due re- sion to the small businessman, a very more of our fellow citizens fall into spect, this amendment ought to be de- small concession. poverty. There is a direct correlation. feated. On this whole bill, I am absolutely We now have some 13 million children I know very little time remains. I amazed. We are talking about the same in America living in poverty. What is urge my colleagues to consider this $1.10 increase on the Democratic side the 21st century going to offer if we are modest request to increase the min- that we are talking about in my raising a generation of so many of our imum wage and reject the Enzi amend- amendment. There is no difference. children living in poverty? Overall, 37 ment. That amendment goes beyond Both of them provide for a $1.10 in- million Americans are living below the raising the minimum wage and re- crease over the same period of time. poverty level. In fact, more than 5 mil- quires far more work than we can do in We are not talking about which side is lion Americans have fallen into pov- a 1-hour debate. Its implications may going to put people in poverty. Obvi- erty in the last 5 years. In Great Brit- only be discovered weeks or months ously, there is no listening from that ain, as the Senator points out, as a re- from now. side. sult of increasing the minimum wage, This ought to be rejected if for no I have to be upset when it is claimed people have actually been lifted out of other reason than I don’t think we even that apparently the minimum wage is poverty and the economy of their coun- know all that is in it. the reason for Katrina. You can’t go try has improved. I urge adoption of the Kennedy that far, folks. You can’t. There isn’t a What the Senator from Massachu- amendment and the rejection of the connection between the minimum wage setts is offering today is substantially Enzi amendment. and Katrina happening. There isn’t. less than proposals he made earlier. I yield the floor. Yes, there were people involved in that This increase would be to $6.25, if we The PRESIDING OFFICER. The Sen- tragedy who were at the minimum can get it approved. We ought to come ator from Wyoming. wage, just as there are people under together around this. What a great day Mr. ENZI. Mr. President, I yield my- the minimum wage across the whole it would be in America for the Senate, self such time as I need. I probably United States. But there isn’t a con- on a bipartisan basis, to support this need quite a bit because the problem nection with Katrina. It makes nice modest increase in the minimum wage. with debate on the floor of the Senate rhetoric. That is what we tend to do on With all due respect to my good is that we don’t listen to each other. I the floor, make rhetoric. We ought to friend from Wyoming, his amendment have said a lot of times that in com- be making policy. What I have here is is some 80 pages long. I suggest to my mittee, we are a much more informal good policy for small business. colleagues, in the hour you have left group when we are marking up things. I also heard some statements about before we vote, that you read this Consequently, if there is a misunder- how all the small businessmen are amendment carefully. I think you will standing or a disparity, we can get to- wealthy, and they do that on the backs be stunned to discover the impact of gether and we can talk about it and we of employees. First, they are not all this amendment. can find out how people were wrong. wealthy. Secondly, the implication I ask my friend from Massachusetts, I am disappointed that we haven’t that they are unethical to get that on page 17 of the Enzi amendment, cor- talked about this. A lot of these have money is also not correct. There are rect me if I am wrong, as I read line 7, been available before. But what the small businesses out there that wind subsection 5 of this amendment, it American people get to see is the 20 up paying their employees more than says: percent of the stuff that we will not they get, even if the employee is on the agree on and, worse than that, prob- Notwithstanding any other provision of minimum wage. There is no guarantee law, no State may impose a civil penalty on ably 40 percent of the stuff that we for the small business owner. We have a small business concern, in the case of a don’t want to listen to. to remember that. first-time violation by the small business There have been some gross I was surprised that the other side concern of a requirement regarding collec- misstatements here. I want to start didn’t say: Here is the chance to get tion of information under Federal law, in a with just the last one, talking about the minimum wage increase and to manner inconsistent with the provisions of allowing people to do whatever they help small business, not to harm em- this subsection. want without a fine. That is such a ployees. There is nothing in here that That is a license, in my view, to go gross misstatement that I am really harms employees. off and do anything, notwithstanding disappointed in the opposition. I even Part of the rhetoric was, we are tak- any other provision of law. It could heard the opposition say that that ing away the 40-hour workweek. No, we wipe out all other Federal laws. Do my would allow people to have oilspills. I are not. We are matching Federal em- colleagues know which laws are being don’t know how oilspills fall in the cat- ployees’ benefits to private employee eliminated, notwithstanding any other egory of a first-time paperwork collec- benefits. That is it. What the Federal provision of law? You could lie and tion. That is all it applies to. If a small employees are allowed to do, we say cheat and steal. Am I reading this cor- business makes a mistake sending data that all employees ought to be able to rectly? to the Government, just data, just a do. How is that taking away overtime? Mr. KENNEDY. The Senator is cor- form—they miss a little bit on the Because it doesn’t take away overtime rect. Effectively, what this does is pre- form or they miss the deadline slightly from the Federal employees, so it also empt all 50 States from being able to and they immediately correct it and it wouldn’t take away overtime from the enforce any of the Federal laws which doesn’t hurt anybody—that is all that private employees. There is a provision they are mandated to enforce. I don’t provision does. in this amendment that says there can- know where we get this idea. That If you are a small businessman out not be coercion. They talk about forc- could be on safe water, environmental, there trying to comply with the thou- ing people to work on the weekend. toxic substances. It could be on oil- sands of pages we have in a whole That provision says that it has to be in spills. It could be on any other matter. bunch of different areas, and you miss an agreement between the employer They preempt the States. Where is this one paperwork deadline, you can be and the employee. It truly is designed idea coming from? Where did this idea fined pretty severely. That is paper- to be able to get them in a position come from? Preempt the States from work. That is not oilspills. That is not where, without losing any money, they any kind of enforcement, what in the EPA. That is not any of the other can have some extra time at the time world has that to do with an increase things. It is data collection. That is that they want to have it. in the minimum wage? what the amendment says, data collec- I mentioned before—obviously, no- Mr. DODD. Again, we are looking at tion. Read the whole amendment. If a body was listening—that where this an 80 page amendment. This is only one small businessman misses a deadline or comes up the most is where there are provision that I happened to read makes a mistake on paperwork and it Federal employees married to private quickly. Do my colleagues know what is correctable and it is corrected imme- employees. The Federal employee gets they are voting for? It literally could diately and it doesn’t harm any em- this special break where he or she can wipe out all the Federal laws that a ployee, then they are not subject to the rearrange their schedule so that they

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11538 CONGRESSIONAL RECORD — SENATE October 19, 2005 work a little more one week and then and they solve it, and one of the ways and you raise the minimum wage, you they can get time off the next week they usually do that is they don’t pay eliminate part of the tier. Nobody can without any penalty. But the spouse themselves. Later, when they make do that in small business because ev- who works in the same town but for a some more money, they may make up erybody knows what everybody makes. private employer is told by Federal for what they lost in that period of So you raise that one and then you law: You can’t have that benefit. time. But talk about no flexibility, raise the one above that, and then you That is wrong. Why can’t we, after they do not have any flexibility; they raise the one above that. two decades of seeing that it works for have to pay their employees. A lot of We are not talking about an impact the Federal Government, believe that people who go into business find out it on one-tenth of 1 percent of the na- it might work for private business? If is not the cakewalk they thought it tional payroll. We are not just talking it doesn’t work, I would be one of the would be. about those people at the bottom of the first ones to move to get it out of When I was a small businessman we ladder; we are talking about most of there, but it is going to work. There is used to employ some extra people dur- the people in the United States. no indication it would not work. ing the slow time so we would have I would like to give all of the people I think if we sat down and talked them during the time when we needed in the United States a pay raise. The about these proposals, there would be them, during the back-to-school rush problem with giving everybody a pay some agreement on both sides of the and the Christmas rush. We were al- raise is that it has to be paid for. aisle. It has become one of those rhet- ways a little bit disappointed after we Somebody has to pay that bill. It is not oric things where we can appeal to the paid them through the slow times, like the Federal Government. The em- base by blasting the Republicans for when we were not making the money, ployer out there, particularly the small having any kind of a proposal, such as to then have them leave at the busy businessman—well, even the big busi- this, that would help small business- times or be sick at the busy times. We nessman—cannot print their own men. understand sick. People get sick. money, so they cannot run deficits There are a lot of statements I ought Sometimes as an owner we were sick, very long or they are out of business. to correct. One of them is 2 pages but that did not mean we could not How will businesses go about paying versus 85 pages. Clearly, 85 pages come to work because we had to keep for a raise in the minimum wage? Let’s versus 2 pages, but that is like me try- the business running. see, you can do it by having less peo- ing to imply they have a Federal Tax Small business is different than big ple; but, that is people losing jobs, and Code idea and it is just send your business. It runs on fewer people. That I don’t know of a single small business- money to the Federal Government. is why we call it small business. The man out there who likes to get rid of That would not be true. That is what small business people have to com- people. They feel for these people who they are saying when they say 2 pages pensate different ways for themselves, work for them. They know these people versus 85 pages. meaning if they are short an employee, who work for them. And when they lay I have additional pages because of the trip they were going to take, the them off, they see the hurt in their the provisions I have talked with the meeting they were going to go to, eyes. In small businesses, it is the lit- Democrats about and tried to nail which could be to buy products for the tle guy who has to look them in the down in a very clarified way so there store, is canceled because somebody eye and say: I have to have one less could not be those objections. It is a has to be there to run the store to pro- employee because I am paying others few pages to do six different things for vide the customer service. That is how more. In some businesses, when there small business. That is not a lot. Small small business works. is a tight spot and the boss goes to business is the one that takes the I can tell you, too, when you have a them and says: ‘‘Look, I have this bump on this proposal. I am trying to small business, the employees are more problem, I am not going to be able to smooth out the bump, not at the cost like family, and so they have insight make wages so I am going to have to of the employee, but as a little bit of into more of what is happening in the let somebody go’’, the people in the help to an employer. And it is offset. It company than they would in a big com- business will often say: ‘‘In the short is paid for. We are not driving up the pany. In a big company, if they know term, we will take a little less because deficit by doing any of these things, about their own department, it is prob- we understand the problem; we don’t but we are providing a way for them to ably a big deal. In a small company, want you to be forced to lay off any- stay in business and provide an in- they know about the whole business. body.’’ creased minimum wage for their em- They probably do things in the whole That is not the option when the high- ployees. business and they know how tentative er wage is mandated, there is no slack I heard a comment that there were the whole business is. to get through a particularly hard no net new jobs in the private sector in Talk to some of the small business- time, even if it is a short one. We are the last 41⁄2 years. Overall, it could be a men in your own community. Find out talking about the prospect of people true statement. I don’t know; I have what kind of a ‘‘wealthy’’ life they live. losing jobs. That is, unfortunately, one not checked it. But I do know that in You will find out most of what they way mandated, increased wages can be the small business sector, there have earn they have to put back into the paid for. For every businessman I know been some huge net job increases. business to keep it growing. this would be the least preferable way Unemployment in the United States Another significant part of what they to meet increased cost, but it is cer- is about the same as it was. There has earn they have to pay in taxes because tainly one of the possibilities. been an increase in population. Those the tax structure is set up so that most Another possibility is that they can people have been employed. Where of what they make looks as though it raise their prices. This almost cer- have they been employed? In small is personal wage, and that puts them in tainly will happen. Essentially, if we businesses. We know that big business a very high tax bracket and they wind raise most of the wages in the country, lost employees. They keep downsizing. up paying that out. we are also going to raise most of the They call it rightsizing; I call it losing Being in small business is not a cake- prices in the country just to cover the jobs. But the small business sector has walk. When the Federal Government increase in the wage. If what I buy in- picked up those jobs. forces on them any new regulation, creases in cost, did I get a raise? Not There are people out there gener- that causes problems. really. So we can create these phony, ating ideas willing to take risk. Any- I also heard a statement that the feel-good pay increases, but if they do body out there who thinks if you have minimum wage increase only applied not increase buying power, they do not a small business all you do is open the to one-tenth of 1 percent of the na- do anything. doors and make a lot of money is tional payroll. That is another myth I What is another way that increases wrong. Talk to the small businessmen need to address, because, again, having in the minimum wage can be for ? I in your community. See how many of been in business, I know that when the certainly don’t like either of the two them in the middle of the night sit minimum wage rises, it raises all options I just noted. Another way to straight up in bed and say: How do I wages. If you have somebody else who pay for wage increases is to have more meet payroll tomorrow? But they do, is in a tier above the minimum wage, productivity. We had one chart that

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11539 showed that productivity has gone up. McDonald’s owner I referred to this at the school. I talked to about 30 busi- Some of those productivity gains have morning has had three employees who nessmen. I had about 40 people show up arisen partly because we have mecha- started at minimum wage and who for a town meeting. nized more. Unfortunately such pro- today own 20 McDonald’s. That is the He said: You do not get to meet with ductivity gains do not employ more achievement of the American dream. many people. people. It switches the way products They did not achieve what they did I said: Take a look at the little bro- are made and drives up productivity because of the minimum wage. They chure I gave you that outlined where per person. But increases in produc- achieved this success and advancement we were going today and what the pop- tivity will help keep people around at because they increased their skill ulations were. higher wages. level. That is the key. We have pro- He said: My goodness, you got to talk The employees who are out there and grams that help people increase their to 90 percent of the people. are being creative and are looking at skill level. I would be willing to bet I said: What size building would that their job and saying: ‘‘There has to be that the Federal programs to increase take in Tokyo? a better way of doing this’’, and are skill level are minimal compared to One advantage of being in Wyoming coming up with improved ways of doing the business efforts to increase the is we get to talk to most of the citi- business usually get rewarded. They skill level of their employees. That is zens. get more money. how employers increase and improve The next day, I did not go with him, I remember when I was going to col- their business. They help their employ- but he went to one of our coal mines. lege, I was taking a course in Fortran. ees. They do not beat up on their em- We have 14 coal mines in Campbell One of my friends worked at the May D ployees. They help their employees. County. I hope people will come out & F Company. He did some inventory The smaller the business, I am will- and take a look at them. If you are work for them. This is in the old days ing to bet, the more they help their using electricity, there is a good when you had to write your program employees. That is what we are talking chance that you are using electricity out by hand and then take it to a card about here—helping the employees, from the coal mined in Campbell Coun- punch operator. They punched the helping them get higher skill levels. ty, WY. It supplies a third of the coal cards for you, and then you would go We do have a Federal program—and I in the Nation because it is considered over the huge mainframe, and run am hoping we can get it through the clean coal. It does not have a lot of the cards through that. When you got them Senate by unanimous consent or even chemicals in it. We send some to West back, you had a bug list and you could with some limited debate, whatever it Virginia. We send some to Kentucky. rewrite lines so it would work. And the takes and whatever will fit in this We send it to most States. In those next day you get cards punched again. packed schedule between now and States, they mix it with their coal, and Eventually you get through the bugs Thanksgiving . There is some impor- they meet the clean air standards. and get this little simple thing done tant legislation we need to do. One of That is one of the reasons we mine so them is passing the Workforce Invest- that today a child on a home computer much coal. ment Act. could probably do in about, oh, 20 min- He went through the mine, took a The Workforce Investment Act will utes. But we were amazed at the capac- look at it, and looked at their safety provide for about 900,000 people a record. I was very pleased when I saw ity, the productivity that this pro- year—a year—to be trained in higher vided. what he had written, which was that he skilled jobs. believed Wyoming had participatory One of my fellow students figured out That can be people who are unem- democracy. Most States cannot do that in doing inventory, that instead of the ployed or people who are employed but because of the bigger populations. On 40-hour week he was putting in to ac- trained to higher skilled jobs. I also the coal mining, he said he expected it complish the work, that he could write would like to put in a little plug for to be dirty and unsafe. He found that it a program, run it through the univer- Wyoming at this point. We are short of sity computer on class time, and do the people. We are the least populated was clean and safe. Now, here is the real telling part of same amount of work in 1 hour. Now State in the Nation. Previously, one of this story. The next year, he brought here is where I was pleased with the the reasons has been we did not have his family to Wyoming. In Wyoming, company he worked for. They let him jobs. Now we have jobs. We do not have do that and they paid him for 40 hours. people to operate them. So we have we have Yellowstone Park, the Grand He was thrilled. He is now a pro- started some special training programs Tetons National Park. We have the grammer. in my state so people can work in some first national forest. We have the first What he did was increase his skill of the mines. One might say, Oh, I do national monument, Devil’s Tower. He level and get paid more for it. That is not want to be in a mine. Mines are brought his family to see the little what we are talking about here. There dirty and unsafe places. I want every- towns he had visited and how far apart are a lot of people who start at min- one to take a look at the record be- they were. He brought them to a coal imum wage jobs. If they pay attention cause there are rules with which they mine because he was impressed. to the job, I bet they are not at the have to comply. So come out and work in our coal minimum wage, for most of them, for I once had a fellow from Japan, who mines. You can make $50,000 $60,000, more than a month, and then they get worked for a newspaper, who was fas- $70,000, $80,000 a year. promoted. They get a pay raise, a real cinated that I did not do national For women, that would probably be a pay raise because they did not force media, I guess, and he wondered if he nontraditional job, but there are a lot the price up, they increased their pro- could follow me for a day. I said he of women working in the mines. One of ductivity. could follow me for a day if he came to the reasons they can is because it is all I mentioned this morning that there Wyoming and followed me for a day. huge heavy equipment that has all is a fellow in Cheyenne, WY, who owns His paper let him do that. I also invited kinds of things on it that are ergo- eight McDonald’s. Some people try to him to visit a mine. nomic and that make it easy to oper- suggest that working in food service is He came, and we did one of our nor- ate. A woman can drive a coal truck a bad job, and we kind of run them mal weekend things my wife and I do that I guess two of these trucks might down. We should never run down any in Wyoming. We go back to Wyoming fit in this chamber, but I doubt it. The job that people do with their hands. most weekends and we travel a dif- wheels on those things are about 18 If you are like that small business- ferent part of Wyoming. We hit all the feet tall, which means they are 18 feet man—and I contend most small busi- towns, no matter what size. On that in diameter. It might fit in the room nessmen are that way—not trying to particular trip, we went to Wright, WY, this way. It is huge equipment. One take advantage of their employees, but Midwest, Edgerton, Kaycee, and Buf- would be fascinated to see it. Women trying to help their employees, these falo, and we held town meetings. I met drive those, and they make the same employees can go through a program with schoolkids and businessmen in wage as men. Of course, that is a Fed- and get not only a lot of increases in those places. eral law, and it ought to be. That helps position, but they can actually own a I remember the first town that we to get rid of some of those disparities McDonald’s—that’s right, own it. The were in. I think I got to talk to 115 kids we have between what women make

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11540 CONGRESSIONAL RECORD — SENATE October 19, 2005 and men make. Sometimes it is taking grader. She has her goal set on being a efit the Federal Government employees nontraditional jobs like that. These are doctor. I found out later that day that get, and we are just extending exactly good-paying jobs. she could not read. Now, what does one the same thing to private employees. If They used to be able to put out an think the chances are of a ninth grader there is anybody in this place who application and then select from those ever being a doctor if they can’t read? thinks we are taking away from over- people who had experience on that kind It is not going to happen probably. time, we should not have given the of heavy equipment. They could select Well, instead of her working in my of- Federal employees that disadvantage. the best operator for that piece of fice, I sent her to a literacy class. Of course it is not a disadvantage. equipment. The world is changing. When we finished the internship, I of- They do not get overtime taken away There are fewer people out there to fered to pay her to go to the literacy from them. They get to rearrange their take those jobs, so they now will train class. She never showed up. So I am schedule so that it helps them in times someone to run this heavy equipment pretty sure she is not a doctor any- they want to take off. with no experience. where. It does have to be done in conjunc- There is one little catch for some Kids are making choices about what tion with the employer. The employee people, and that is that they have to they can do with the decisions they and the employer have to agree. Right have a clean drug record. They have to make. I am hoping they make good de- now, even if the employee and the em- be able to pass a drug test because they cisions. I am hoping they get into ployer agree, in the private sector, it is do not want people running over some- science and math and work those skills illegal. In the public sector, it is fine. body with this huge piece of equip- through and make some good decisions So why would we object to extending ment. as they get into high school to learn to those small businessmen and par- We have some of those mines that where their talents lie. ticularly the people who work for them have gone 2, 3, 4 years without a lost- I have had a person on my staff ever the same opportunity a Federal em- time accident. No lost-time accident, since I got here. Her name is Katherine ployee has? let alone a death. How safe is that? McGuire. She used to be my legislative That covers a few of the misconcep- Safer than most of the businesses in director. Now she directs a committee tions that I think we got from listen- the United States. I am on. Her college degree was in agri- ing to the last hour and a half of rhet- Like I say, this equipment is de- culture. Her parents did not have a oric about this issue. I am kind of sur- signed so that it is easy to operate, it ranch, so I was not sure about that. prised that they have not adopted this is air-conditioned. The person is inside Then she went on to get a master’s de- amendment and taken credit with the the whole day. And they are having gree in agricultural economics. I asked small business community for helping trouble getting employees at $50,000, her how that happened. She said: I got out small businesses while they get the $60,000, $70,000, $80,000 a year. some really good advice when I was $1.10 increase in minimum wage that We have a special training center in early in high school from a teacher both of us are talking about. Both bills Casper, WY, for people who want to who said, Every one of you kids ought have the $1.10, the same amount of work in the oil industry. They will to have something you can do with raise, the same time period. So all we take completely untrained people and your hands because you can always fall are talking about is whether, in addi- train them to work in the oil fields and back on that. She took that advice. tion to giving small businesses help, we have 100 percent placement on the peo- She looked at the agricultural field. also help the small businesses to be ple who graduate from there. Again, She got a degree in that, and then she able to afford it, be able to put some the only catch is a clean drug record, got an agricultural economics degree. cushion in there so they can pay this they must be able to pass a drug test. She still has that fallback position. It increase in the minimum wage and the It is a good living. is important for kids in the country to increase that will go to all of their I am making the point that skills are be thinking about things like that. other employees because one does not important. If one does not have the There is not any job in the United just raise the bottom wage; it forces skills, there are ways to get the skills. States that is not needed. Some of the the next tier up to get a raise and the The only people who are poor are the ones that are hands-on are going to be tier above that to get a raise. So vir- people who do not have hope. Now, that the most needed. The way the economy tually everybody is getting a raise. I is a quote from ‘‘The World Is Flat’’ by should work, those should be some of know I always had to do that when I Thomas Friedman. The only people the highest paid. was in business. I do not know of any who are poor are the people who do not I am reminded of a fellow who came other employer who is not faced with have hope. In the United States, every- to solve a little problem in a house the same situation. So we are not just one should have hope. Everyone should where they were having a pipe leak. He talking about that minimum wage be able to find some way to increase climbed under the sink and worked for earner, we are talking about many their skill level and get a better job. about 5 minutes and had it fixed. more people. When I make those trips around Wyo- When he got ready to leave, he said: Let me run through the six basic ming, I go to a lot of schools. I talk to That will be $75. things we are providing. The first one a lot of kids. They are making choices The owner of the home said: Seventy- is updating the small business exemp- down in first and second grade about five dollars? You only worked on that tion. Small business generates 70 per- what is going to happen to their em- for 5 minutes. cent of new jobs. Right now, the small ployment capability. I am very pleased He said: Actually, for my time, I only business exemption covers businesses with the Wyoming kids. I believe they charged you a nickel. The rest of that that gross less than half a million dol- do an outstanding job. I have had an is for the knowledge I had of how to lars. When was that law put into ef- opportunity to work with some of the change that pipe. fect? It was in 1960. There has been no kids in the District. The first year I So knowledge is worth something. update or change since that time. Has was here, the school board learned Skills are worth something. Skills are there been any inflation during that when the first day of school opened the way one gets higher wages. We can amount of time? I think so. In fact, if that the roofs leaked. I do not think impose any kind of a minimum wage, we were doing the adjustment accord- that was a good time for the school and what we do is drive up wages so ing to wages, that would be over $1.5 board to figure that out, but that is that there has to be more money to million—not half a million but $1.5 what happened. They decided that cover that wage, which will probably million. So what did I do? I com- since the high school students did not come from higher prices, which wipe promised on that one. I should have have anyplace to go to school, that out the benefit of the wage. gone for the whole $1.5 million. If I maybe we could take them as interns Another argument that has been hadn’t thought the other side of the on the Hill. made, which I will refute, is that this aisle was going to be upset over adjust- I agreed to take some. The first amendment is taking away overtime. ing to inflation, I would have gone the young lady I talked to, I said: What do There is no overtime taken away in whole $1.5 million, but I did not. I tried you want to be? She said: I want to be this. We have flextime in it. Again, I to be reasonable on this one. I went in a doctor. I was pleased. This is a ninth want to repeat, that is the same ben- between the two. Like I say, it has

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11541 been awhile since we readjusted that for them. But for the most part, they talking about. Remember, it is a Gov- threshold and the economy has under- do their own paperwork. ernment inspector fining a small busi- gone some dramatic shifts and the way Yet for all that work, a Government ness owner for paperwork violations work has been done in this country has inspector can fine a small business alone—paperwork violations alone, not changed forever. owner for paperwork violations alone, the oilspills that you heard about ear- My amendment also incorporates even if the business has a completely lier. That would not be a paperwork some bipartisan technical corrections spotless record and the employer im- violation. That would be a most defi- that were originally proposed in 1990 by mediately corrects the unintentional nite violation, outside of paperwork. the then Small Business Committee mistake. Even the best intentioned em- So they have to have a paperwork vio- chairman. This is very important. The ployer can get caught in the myriad of lation alone and the business has to Senate at that time had a majority of burdensome paperwork requirements have a completely spotless record and Democrats, so the Small Business Com- imposed on them by the Federal Gov- the employer has to immediately cor- mittee chairman was a Democrat. That ernment. The owners of small busi- rect the unintentional mistake. chairman was Dale Bumpers, who was nesses are not asking to be excused Surely we ought to be able to give in the Senate when I got here. from any obligations or regulations— small business owners who are trying The same thing was cosponsored over although they would probably like for their best a break on mistakes that the years by Senator REID of Nevada, us to do that, and it wouldn’t hurt for don’t hurt anyone. Even the best inten- Senator HARKIN of Iowa, Senator us to have a commission that would re- tioned employer can get caught in that PRYOR of Arkansas, Senator MIKULSKI view all those things and see if any- myriad of paperwork requirements. of Maryland, Senator BAUCUS of Mon- body actually uses the paperwork that They are not asking to be excused. tana, and Senator KOHL of Wisconsin. is required. What they are asking for is a break, if There were many others, too. All One of the forms I used to get to they have previously complied, they that I named were the Democrats who work on was an annual OSHA report. didn’t hurt anybody, have a completely thought that these technical correc- Annually, they had to fill out a form spotless record, and they correct for tions could be useful to small business. that showed what accidents had oc- the unintentional mistake. So I hope those Senators who are still curred—lost-time accidents—and they One small businessman who I had here would vote for that. had to post that in the break room and testify before my committee a few As those Senators can attest, the De- they had to file it with the Federal years ago when I was working on some partment of Labor disregarded the will Government. of the OSHA things and I was a sub- of Congress and interpreted the exist- Any time you have an accident or a committee chairman of the Workforce ing small business threshold to have near miss, it is good to sit down and Safety and Training Subcommittee of little or no meaning. The Department talk to your employees about it, have this same committee, he told Congress: is misreading the clear language of the them sit down and figure out how it No matter how hard you try to make your statute. This amendment corrects the could have been avoided. That will save business safe for your employees, customers, problem by stating clearly that the neighbors and family members, in the end, if accidents and lives. It isn’t the paper- a Government inspector wants you they can wage and overtime provisions of the work that saves the accidents and get you. The Government cannot tell me Fair Labor Standards Act apply to em- lives, it is actually talking about it, that they care more for my family’s safety ployees working for enterprises en- timely talking about it, not a report and my company’s reputation than I do. gaged in commerce or engaged in pro- that is filled out at the end of the year Small businessmen and women who duction of goods for commerce. and stuck up on the bulletin board are the first-time violators of paper- My amendment also applies these where people may or may not read it. work regulations that don’t hurt any- wage-and-hour worker safeguards to Incidentally, I hope everybody will one deserve a break. homework situations. That is very im- take a look at that form because it is Let’s talk about providing some reg- portant. not that readable. It is not that useful. ulatory relief for small business. You The second thing it does is ensure It could be a lot more useful. It actu- can see these are not costly things I procedural fairness for small business. ally could help prevent accidents. It am talking about here. They should That is just commonsense, good Gov- doesn’t. not be controversial. They are pretty ernment legislation. Surely, we can all It gets sent to the Federal Govern- common sense. I think we could sit agree that small business owners, the ment. What do you think happens to down and draft a bill and probably individuals who do the most to drive that form? Nothing useful. There could agree on a lot of this still if we had not the economy forward, deserve a break be a good use for it. We actually could polarized ourselves on the floor of the the first time they make an honest pa- compile that and find out, in the dif- Senate first. It is one of the worst perwork mistake; a first-time, honest, ferent industries, what sorts of things things we do, polarize things instead of paperwork mistake, where no one is were happening and share that with work them out. If we try to work them hurt and the mistake is corrected. those industries. We do not do that. out, we can probably come to agree- That is very limited. That is a wasted piece of paper. But if ment on 80 percent of the issues. That The paperwork small businesses face you do not send it the first year you is usually what we can do when we is certainly not limited. Paperwork is are in business and you have been work things out together. practically unlimited for a small busi- working like crazy to meet payroll and The third thing my amendment nessman. But this amendment is very January 31 comes around and it is would do is provide regulatory relief limited. Small business owners have about the third of February and some- for small businesses. Any increase in told me over and over again how hard body says, Did you send in that OSHA the minimum wage places burdens on they try to comply with all the rules report? Actually, I think that one goes small employers. It is only fair that we and regulations imposed on them, the end of February, so it is the 1st or simultaneously address the ongoing mostly by the Federal Government. As 2nd of March. They say, Did you send problem of agencies not fully com- a former owner of a small business, I that in? plying with the congressional directive know what they mean. Because I did Oh, no, I didn’t. that is contained within the Small accounting for small businesses, I He can be fined for that, even though Business Regulatory Enforcement know what they mean. I filled out a lot on the 4th of March he fills out the pa- Fairness Act. Under the law, agencies of that paperwork. I want you to know perwork, posts it in the break room are required to publish Small Entity I got it right. I didn’t have any first- and sends it in and has, during this Compliance Guides for those rules that time violations. But that is because I whole year, been recording all of the require a regulatory flexibility anal- was supposed to know about the kind accidents in a readable form, talking ysis. Unfortunately, agencies have ei- of paperwork that I was doing, and I to his employees about it, and solving ther ignored this requirement or, when was being paid for taking care of that. the problem. they try to comply, they have not done It is one way a small businessman can Why should he be fined for that? No- so fully or carefully. My amendment have a specialist—they can hire an ac- body is going to use it. But that is the addresses this lapse by including spe- countant to do some of the paperwork kind of paperwork violations we are cific revisions that the Government

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11542 CONGRESSIONAL RECORD — SENATE October 19, 2005 Accountability Office has suggested to because we don’t talk about the issue They may be married to somebody in improve the clarity of the Compliance with the people who are actually doing the Federal Government who has these Guides. the work out there. There are a lot of rights and can rearrange their schedule The Government Accountability Of- people out there doing a good job, to do things. But the spouse in the pri- fice suggested that we should clarify working hard, and trying to figure out vate sector and the employer in the the requirements; not change them, what in the heck it is we did in Wash- private sector are not allowed to make clarify them. It would force the Fed- ington. This is one small place where a similar arrangement. That shouldn’t eral agencies to take into consider- they are supposed to have input. We ever happen in America. For years, ation the ways that they are harming said: ‘‘You are supposed to get input.’’ Federal government employees have small business by placing non-com- Actually, I would like for them to say had these rights—rights that were ex- monsense, confusing rules and regula- not only that you get input, but that tended by a Democrat President of the tions on them. It is a chance for the the Federal Government has to listen United States who noted: These ar- small businessman to say: If you im- as well. That should be the goal. rangements work, reduce turnover, and pose that, I don’t see where it goes Let me move on to another one of the reduce absenteeism. How can you pro- anywhere. I don’t see where it does six small things that my amendment vide these rights to Federal employees anything. Why would you impose that calls for. and not allow other people the very on me? My amendment seeks removal of the same right? It is an opportunity for small busi- barriers to flexible time arrangements I have heard some arguments that nesses to respond when the Federal in the workplace. I have covered this a with flexible time arrangements em- Government is about to change the couple of times. I need to cover it a ployees in the private sector would be way they do their business. And it is a couple more times because obviously forced to do things such as work on a law that we passed. Congress said: You the other side of the aisle doesn’t un- weekend. That is not correct. The bill have to do this. You cannot affect derstand what I am talking about yet. specifically prohibits any coercion in small businesses without listening to I will try it yet a different way. making these flex time agreements. It them. What we are talking about is legisla- has to be a mutual agreement between I ought to rephrase that. You can’t tion that could have a monumental im- the employee and the employer. affect small business unless you pact on the lives of thousands of work- Unlike the Federal Government, present them an opportunity to speak. ing men and women and families in there are businesses out there that do There is no requirement that the Fed- America. The legislation would give work on weekends. There are people eral Government listen. No matter employees greater flexibility in meet- out there who would like to be able to what the small businessman says, the ing and balancing the demands of shift their schedule one week to the agency that is affecting small business working families. The demand for fam- next without losing their pay, without does not have to listen. They have to ily time is evident. Let me share with having to take a day off, and they are accept the comments. But, currently, you some of the latest statistics: Sev- willing to do that by working a little that law is not clear enough that they enty percent of employees do not think bit more in one week and a little less even accept the comments. there is a healthy balance between in the next week and having the funds they anticipated, similar to Federal I have seen some documents that their work and their personal life. Sev- employees. small business people have sent in to enty percent of employees say the fam- I don’t understand how we can say the Federal Government about a prob- ily is their most important priority. lem with a law or regulation that they that is wrong. The family time provision in my I couldn’t agree more with former were trying to comply with. The re- amendment addresses these concerns President Clinton. I did not agree with sponse they got was, ‘‘No response nec- head on. It gives the employee the op- him a lot, but that is one of the things essary.’’ tion of flexing their schedules over a 2- he had right. Now we need to go further I have no idea why ‘‘no response nec- week period. In other words, employees and extend this privilege to the private essary’’ is a response. That doesn’t an- would have 10 flexible hours they could sector workers. swer the question. Of course one of our work in 1 week in order to take 10 We know this legislation is not a problems is one-size-fits-all Govern- hours off in the next week. total solution. We know there are ment. We think we can sit in Wash- Flexible work arrangements have many other provisions under this 65- ington and figure out a rule that will long been available for employees of year-old Fair Labor Standards Act that apply to the whole country and to the Federal Government. Government need our attention. But the flexible every kind of a business out there and employees have been able to do this for time provision is an important part of every kind of a job that is out there. two decades, and no one has said: ‘‘You the solution. It gives employees a That is egotism at its highest, I think. took away the overtime right of Fed- choice, the same choice as Federal The businesses that are out there have eral employees’’. workers. If we are going to keep that constructive comments to offer about The flex time program was so suc- from applying to the private sector, ways to do things better. But you know cessful that in 1994 President Clinton maybe we ought to take that away what? We don’t let them contribute. issued an Executive Order extending it from the Federal employees so they We vote on a lot of legislation that to the parts of the Federal Government can get their full rights. affects small businesses, and it is only that had not yet had the benefit for the Does anyone on the other side of the right that they have some opportunity program. That wasn’t a Republican aisle really want to do that? Do you to express their thoughts on how that idea then. It might have been in the be- want to see a revolution? It is the kind is going to affect them and in many ginning. But none of these things mat- of revolution that small business em- cases to suggest a better idea. ter whether they are Republican ideas ployees may soon provide as well, as One of the reasons I go back to Wyo- or Democratic ideas. they become aware that they have been ming most weekends is so that I can go It was a Democratic President who denied this benefit. around and talk to those people who extended that benefit to all of the Fed- Mr. President, what is the remaining are doing real jobs. Often, when I talk eral Government and said: time? to them, they say: ‘‘I have got this lit- Broad use of the flexible arrangement en- The PRESIDING OFFICER (Mr. tle Federal requirement that I have to ables Federal employees to better balance COBURN). The Senator from Wyoming meet and I don’t understand it.’’ Often, their work and family responsibilities and has 18 minutes; the Senator from Mas- I don’t understand it either. But what increase employee effectiveness and job sat- sachusetts has 6 minutes. I like to say is: ‘‘What do you think we isfaction while decreasing turnover rates and Mr. ENZI. Thank you. I still have ought to do about that?’’ By golly, you absenteeism. two provisions that I need to run wouldn’t believe some of the common- That sounds pretty good to me. How- through, and I wanted to make sure I sense, simple things they suggest that ever, while employees in the Federal got underway on that before my time would achieve the same Federal prin- Government have these rights, employ- expires. ciple in a less complicated, straight- ees working for a small company in The fifth provision in my amendment forward way. Often, the problem arises Wyoming don’t have the same rights. is extending the restaurant employee

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11543 tip credit. The food service industry re- I would also encourage all of my col- with the small businesses, which re- lies on what is called a tip credit, leagues to look at the true root of the sponds to the Senator’s point with re- which allows an employer to apply a problem of minimum wage workers, gard to small business. States with portion of an employee’s tip income— and that is minimum skills. We all higher minimum wages add more retail income they are getting on the job— share the same goal—I don’t think any- jobs. Employment growth between Jan- against the employer’s obligation to body can deny that—and that is to help uary 1998 to 2004: 11 States and Wash- pay the minimum wage. American workers find and keep well- ington, DC, with minimum wages high- To protect the tipped employees, cur- paying jobs. I am even going beyond er than $5.15, a growth of 6.1 percent; 39 rent law requires that a tip credit can- that. I hope they get to own their own States with $5.15, 1.9 percent. not reduce an employee’s wages below businesses. We must, however, realize The fact is we are talking about fair- the required minimum wage. Employ- that minimum skills—not minimum ness. We had a wonderful exposition. I ees report tips to the employer because wages—is the problem. Education and am always delighted to hear from my the employer has to report it. Tips that training will solve that problem and friend from Wyoming. I always value it are earned are reported. lead to the kind of increased wages and and I always learn something. But I We have a few States that do not better jobs we all want to create for didn’t learn much about the minimum allow a tip credit. Increases in the Fed- the Nation’s workers. wage today. We are talking about the eral minimum wage would require Let us work together to get that fact that every other time we have had raises for all affected employees in all Workforce Investment Act passed, and a successful increase in the minimum States. Lack of a tip credit in some go to conference. We didn’t get that wage, we have expanded the coverage, States could result in employers hav- done 2 years ago. Without the con- except with the proposal we will have ing to give raises to what are often are ference, those 900,000 people a year that on the floor of the Senate this after- their most highly compensated em- could be getting paid a higher amount noon with the Enzi proposal, which will ployees—the tipped staff. As a result are not. We need to get it passed and actually reduce the total numbers of the nontipped employees are nega- get it conferenced. We need to get the people who are covered. tively impacted by the mandated flow President to sign it, and as a result, Let’s get back to what this issue is of scarce labor dollars to the tip posi- higher skills and training will be accel- all about. This issue is about fairness, tions. In addition, the employers in erated, and wages in this country will about the fact in 9 years we have not these States are put at a competitive go up. increased the minimum wage. We have disadvantage with their colleagues and I urge my colleagues to oppose the increased Members’ salaries in here. I the rest of the country that can allo- amendment offered by Senator KEN- didn’t hear those who are opposed to cate employee compensation in a more NEDY and support my amendment that our increase in the minimum wage out equitable manner. raises the wage by the same amount, here speaking against the increase in I must also note that my amendment but then has additional provisions, Members’ salaries. We have increased clarifies that the tip credit provision that provides small business benefits them 8 times for a total of $28,000. We does not apply all parts of a State wage and soften the impact of the increases have not hesitated to increase our sala- law. That argument that was used the on the businesses that will have to pay ries, but now we are not going to in- last time the tip credit was brought up. them. If you are interested in small crease the minimum wage for working That is clarified in this amendment. business, you need to support my men and women who have not seen an That should not be an argument any- amendment. increase in 9 years? I yield the floor. I reserve the re- more. The tip credit provision applies The PRESIDING OFFICER. The Sen- mainder of my time. only in States that do not have a tip ator has 3 minutes remaining. The PRESIDING OFFICER. The Sen- Mr. KENNEDY. I withhold my re- credit; and, only to the minimum wage ator from Massachusetts. maining 3 minutes. portion of that State’s overall wage Mr. KENNEDY. Mr. President, I un- The PRESIDING OFFICER. Who hour law. derstand we have 8 minutes. yields time? The sixth and final provision in my The PRESIDING OFFICER. Six min- Mr. ENZI. Mr. President, how much amendment is one which provides utes. time do I have remaining? small business tax relief. As I noted be- Mr. KENNEDY. I will use 3 minutes The PRESIDING OFFICER. The Sen- fore, some of the people who pay the now. ator from Wyoming has 12 minutes 30 most taxes in the United States are I have listened to my good friend seconds. small business owners. Even the money talk about the fact that Government Mr. ENZI. Notify me when I have 3 that business owners put back into the workers have some flextime and small minutes remaining. business to reinvest has to have the businesses don’t. Of course, the prin- The PRESIDING OFFICER. The taxes paid on it. That is at the highest cipal answer is that many of the Gov- Chair will so notify the Senator. tax rate in the country. If we are going ernment employees have protections. Mr. ENZI. I will go through the GOP to impose even greater burdens on They have the Federation of Govern- alternatives again. They ought to be small businesses, we should give them ment Employees, they have the Treas- bipartisan alternatives. I am afraid in some tax relief at the same time. ury Employees Union. AFSCME pro- previous discussions they got polarized My amendment would extend small tects a great number of them. They in spite of changes to the extent that business expensing. It would simplify have different collective bargaining some god policy initiatives that de- cash accounting methods that make it benefits. Their interests can be pro- serve bipartisan support will never a little easier for them to do their ac- tected. That is completely different have support from the other side. That counting, and it would provide res- from the current situation. would be a tragedy. taurant depreciation relief. Second, the Senator from Wyoming When the opposition says that my All of these tax provisions are fully points out the pressures on small busi- amendment does not have a minimum offset. In total, the additional provi- ness. wage increase, I wonder what bill he is sions of my amendment are intended to Look at this. States with higher min- looking at. My bill has a $1.10 increase mitigate the small business impact of a imum wages have more jobs in small over the same period of time as his, al- $1.10 increase in the minimum wage. businesses. This is the Commerce De- though I think he is going to make a These steps are a partial way in partment. This isn’t just general rhet- small change to his bill because there which the cost of a minimum wage in- oric. This is the Commerce Depart- is a slight paperwork problem—but crease can be addressed. They will help ment. From 1998 to 2001, 10 States and since it is the first-time paperwork the businesses that must absorb these Washington, DC, with minimum wages problem it probably ought to be for- increased costs. I share the view of higher than $5.15, had an employment given, just like my proposal would for- many of my colleagues regarding such rate of 4.8 percent. In the 40 States give small business first-time paper- an increase on the Federal level. We with minimum wage at $5.15, it was 3.3 work errors. must do our best to soften the blow. percent. What we are talking about is six pro- This may be the best means to that This is the answer. We have seen it visions that soften the blow of the in- end. with the employment growth, that is, creased mandate on small businesses.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11544 CONGRESSIONAL RECORD — SENATE October 19, 2005 First, permit family flextime for work- Another provision of my amendment all respect, is 87 pages and includes all ers. Employees have the option of relates to the minimum wage tip credit kinds of things. flexing their schedules over a 2-week for restaurant workers. This is so the We believe this is the time. Fairness period so they can work more hours 1 restaurant can be sure all employees demands this. The American people un- week and take hours off the next. The are being treated fairly, not just the derstand fairness. We are talking about argument we have heard is that we are high tip employees. men and women who work 40 hours a cutting overtime pay. We also have small business tax re- week, 52 weeks of the year. These are If flextime is a pay cut, then Senator lief in the form of simplified cash ac- hard-working men and women who KENNEDY and many of the Senate counting methods for small businesses. have a sense of pride and dignity in Democrats have voted to inflict pay It will mean they do not have to see ac- their work. They work hard, they try cuts on workers. If flextime is wrong, countants as often. As an accountant, I to provide for their children, they work then so was former President Clinton think that is a good idea. one, two, or three jobs. We have not in- in 1994 when he extended it to all Fed- It gives quicker depreciation for res- creased the minimum wage now for 9 eral employees because it increased ef- taurants, who are a major employer for years. Prior to that time—the 50 years fectiveness and job satisfaction and de- low skilled workers, and all of the tax before this—it was bipartisan. Presi- creased turnover rates and absentee- provisions are fully offset. dent Bush 1 signed an increase in the ism, the same thing it will do in the The very modest tax cuts were tar- minimum wage, Jerry Ford, President private sector. Why cannot somebody geted directly to businesses most like- Nixon, Dwight Eisenhower, and now we married to a Federal employee have ly to have minimum wage workers. Re- have been 9 years without this kind of the same advantage the Federal em- member that in spite of the rhetoric, increase. This demands fairness. It demands we ployee has? this amendment increases the min- Second, it would increase small busi- imum wage in the same amount and on give hard-working Americans, those at the lower end of the economic ladder, ness exemptions from the Fair Labor the same dates that Senator KENNEDY’s Standards Act. We have had, since the two-page proposal does. The difference on the first rung of the economic lad- 1960s, the small business exemption has is that my amendment attempts to der, working hard, an increase. I remind all of our colleagues of that applied to businesses with $500,000 in smooth some of the bumps for those extraordinary Newsweek cover talking receipts. This exemption amount has employers who will be most adversely about the other America. It talks lagged behind inflation. The small affected by the increase. about the problems of hunger, the business exemption should be at about These tax benefits will help small problems of homelessness, and the businesses that employ low-skills $1.5 million. We are only raising it to $1 problems of people being left out and workers survive without drastic cuts in million. left behind. We can make a downpay- Every Federal labor law has a small employment. We are trying to help the ment with an increase in the minimum business threshold. To the Civil Rights small business so that they will be able wage. I hope we will do it this after- Act of 1964, it was 15 employees. For to afford the increase in the minimum noon. the Family and Medical Leave Act, the wage. It is not an easy thing to come to The PRESIDING OFFICER. The Sen- threshold is 50 employees. Proponents the Senate and ask for a minimum ator from Wyoming. minimum wage increases assert it is wage increase. I am sure Senator KEN- AMENDMENT NO. 2063, AS FURTHER MODIFIED necessary to adjust the minimum wage NEDY knows that. He has been working Mr. KENNEDY. I have a consent re- to account for inflation. For the same on it a long time. I appreciate he quest for a technical modification. reason, it only makes sense to adjust a dropped it back to what the Repub- The PRESIDING OFFICER. Without small business threshold as well. licans were asking for earlier and what objection, it is so ordered. The real value adjusted for inflation we have in my proposal at the present The amendment (No. 2063), as further of the small business exemption estab- time. modified, is as follows: lished in the 1960s exceeds $1.5 million. I yield the floor and reserve the re- At the appropriate place, insert the fol- Senator KENNEDY uses his benchmark mainder of my time. lowing: as the minimum wage rate for the Mr. KENNEDY. I yield myself the re- SEC. ll. MINIMUM WAGE. same era. The Republican proposal is maining time. (a) INCREASE IN THE MINIMUM WAGE.— restrained and reasonable. Mr. President, we have had a good (1) IN GENERAL.—Section 6(a)(1) of the Fair The third issue is relief for small discussion. We did not have a chance to Labor Standards Act of 1938 (29 U.S.C. business, one-time paperwork errors. 206(a)(1)) is amended to read as follows: go through this excellent book, ‘‘Rais- ‘‘(1) except as otherwise provided in this Small business people making paper- ing the Floor,’’ with these heart- section, not less than— work errors would receive an auto- rending stories happening in America ‘‘(A) $5.70 an hour, beginning 6 months matic forgiveness for the first mistake every single day. Their recommenda- after the date of enactment of the Transpor- in paperwork matters. It applies only tion? Increasing the minimum wage, tation, Treasury, and Housing and Urban De- to routine administrative paperwork ending poverty as we know it. It talks velopment, the Judiciary, District of Colum- requirements imposed on small busi- about increasing the minimum wage. bia and Independent Agencies Appropriations ness by the Federal Government. This I didn’t have the chance to go Act, 2006. is commonsense protection for small through ‘‘Communities in Crisis,’’ the ‘‘(B) $6.25 an hour, beginning 12 months after that date. businesses from the otherwise excellent survey about the increase in (2) EFFECTIVE DATE.—The amendment ‘‘gotcha’’ mentality of Government in- hunger in the United States of Amer- made by paragraph (1) shall take effect 60 spectors and only applies to businesses ica. The one thing we know how to do days after the date of enactment of this Act. with spotless records who immediately in this country is grow crops. The sec- Mr. ENZI. I rise to summarize my correct the unintentional mistakes. My ond thing we know how to do is deliver comments regarding the amendments amendment also gives small businesses them. We know how to deliver product. and to urge my colleagues to cast a regulatory relief by increasing federal But the explosion in the numbers of vote against the Kennedy amendment agencies compliance, review, and en- hungry in this country, particularly and in favor of the minimum wage forcement of the Small Business Regu- among children—there is an increasing amendment I have offered. latory Enforcement Fairness Act. It re- number of homeless in our society, in What is before the Senate are two quires better compliance assistance for all parts of our society. Talk to the amendments that raise the minimum small businesses. Federal Government various church groups about what is wage by the same amount, $1.10 over 18 officials have given too often short happening in every part of our Nation. months. The difference between the shrift to the existing requirement to This is not going to be the sole an- bills is that the Kennedy amendment, solicit public compliance guidelines. swer to it, but we have not increased while raising the minimum wage the The Republican package includes spe- the minimum wage in 9 years. We have same amount as my amendment, fails cific provisions that the Government reached out to the Republicans. We to acknowledge that any raise in the Accounting Office suggested to im- have accepted their figure of $1.10 over minimum wage has some negative con- prove the clarity of these require- 2 years. Our amendment is two pages sequences on the employers, particu- ments. long. Senator ENZI’s amendment, with larly small employers, who must find

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11545 the means to pay for the increase. The contracts, no-bid contracts, by compa- we pay by cash. Bring a bag. Bring a fact is that a negative economic im- nies that have gotten billions of dollars bag. Here is the cash. pact on a small employer will probably for reconstruction in Iraq, and now for Now, for Hurricane Katrina, no-bid result in a negative impact on that reconstruction on the gulf coast. contracts once again. By the way, the small employer’s employees. This is an Let me go through some headlines to top civilian official at the Army Corps important aspect. When you give a pay explain my concerns. In 5 minutes I of Engineers said this: I can unequivo- increase, you have to find a way to pay cannot do much more than headlines, cally state that the abuse related to for it. but I have held seven hearings on this contracts awarded to Halliburton rep- My amendment recognizes that re- subject now in the Policy Committee. resents the most blatant and improper ality and provides some relief for those ‘‘No-bid contracts win Katrina work.’’ contract abuse I have ever witnessed employers. It should be borne in mind That is the most recent one. ‘‘White during the course of my professional these employers, particularly small House uses practices criticized in Iraq career. employers, are the source of the vast rebuilding for hurricane-related jobs.’’ Do you know what happened to her? majority of jobs that are held by min- ‘‘Ex-Halliburton workers allege She lost her job. Why? For speaking imum wage workers. We have to con- rampant waste.’’ ‘‘They say the firm out. You don’t dare say these kinds of tinue to keep these businesses viable makes no effort to control costs, over- things. and growing as a source of job creation. spending taxpayer money in its con- I spoke this morning about con- As I said before, I wish for the people tract with the United States in Iraq tracting abuse with respect to Hurri- working in those places to be the ones and Kuwait.’’ canes Katrina and Rita, the contracts owning the business, and I have shared ‘‘Halliburton faces criminal inves- down in the Gulf of Mexico. I will not some examples of how that happens. tigation.’’ ‘‘Pentagon probing alleged go into that again except to say this: I ask that everyone bear in mind it is overcharges for Iraq fuel.’’ When the Government and FEMA pay a little solace to an individual earning ‘‘Audit questions $1.4 billion in Halli- truck driver $15,000 to haul ice cubes minimum wage to learn that the min- burton bills.’’ from New York to Massachusetts—yes, imum wage is increased but that he or I mention Halliburton. It has nothing New York to Massachusetts—where she no longer has a job at which she to do with the Vice President. Every- they are now in storage, to provide re- can now earn the higher wage, or that one says, Well, you are attacking the lief to hurricane victims in Louisiana, it is not worth anything anymore be- Vice President. He used to be president somebody ought to have their head ex- cause inflation took it away. of Halliburton, yes, but this is long amined. It is for this reason my amendment after he was involved in Halliburton. Oh, the truck did go from New York, contains not only the same increase as The fact is this is about contracting to Missouri, by mistake. FEMA di- Senator KENNEDY’s amendment but in- abuse. rected them to Missouri. Then they cludes provisions designed to soften the Let me go through a couple of the said: Oh, we want you to go to Maxwell blow and ensure that those most-af- specific examples: New $85,000 trucks Air Force Base in Alabama. He took fected businesses continue to create paid for by the American taxpayers those ice cubes to Alabama. He sat jobs and entry-level, low-skilled em- abandoned or torched by the side of the there for 12 days, with hundreds of ployment opportunities. road in Iraq if they have a flat tire or other trucks with food and clothing I urge my colleagues to reject the a plugged fuel pump. A case of Coca- and ice and other things for victims— amendment offered by Senator KEN- Cola, $45. he sat there for 12 days—and then they NEDY and to vote in favor of the more They had gasoline delivered for twice said: We want you to put this back in balanced and comprehensive approach the price that the folks who used to do storage in Massachusetts. So the tax- to the minimum wage which is rep- the work in the Defense Energy Sup- payers paid this trucker—and there resented by my amendment. port Center said that gasoline could were hundreds of them—$15,000 for I ask for a unanimous consent re- have been delivered for. Halliburton hauling ice for the relief of hurricane quest that following the scheduled charged for 42,000 meals served to sol- victims in Louisiana, hauling that ice votes at 4:30 the Senate proceed to the diers every day, when they were serv- from New York to Massachusetts. Once vote in relation to the motion to sus- ing 14,000 meals to soldiers. They again, somebody ought to have their pend the rules in relation to the Dor- missed it by 28,000—overcharging 28,000 head examined. gan amendment No. 2078, with no meals a day. My point is, I would like to see a con- amendment in order to the amendment There was the loss of $18.6 million gressional committee examine this. prior to the vote; provided there be 2 worth of Government equipment in This amendment would create a special minutes equally divided prior to the Iraq that Halliburton was given to committee. I hope my colleagues will vote. I further ask that Senator DOR- manage. There is also the leasing of believe, as I do, this waste, fraud, and GAN be recognized for up to 5 minutes SUVs. Listen to this, the leasing of abuse is intolerable, and we ought to prior to the start of the scheduled SUVs for $7,500 a month. They ordered deal with it by investigative com- votes. 50,000 pounds of nails, and they came in mittee. The PRESIDING OFFICER. Without the wrong size. They are laying in the Mr. President, I yield the floor. objection, it is so ordered. sands of Iraq. It does not matter. The AMENDMENT NO. 2063, AS FURTHER MODIFIED The Senator has 3 minutes 17 seconds taxpayer picks up the cost. This is all The PRESIDING OFFICER. There is remaining on his allotted time. cost-plus. now 2 minutes equally divided before a Mr. ENZI. I yield back my remaining Do you want to buy some hand tow- vote in relation to the amendment of- time. els for the troops? The Halliburton fered by the Senator from Massachu- The PRESIDING OFFICER. The time buyer who was to order the hand towels setts. is yielded back. was told by his superiors, ‘‘You have to The Senator from Massachusetts. The Senator from North Dakota is order hand towels with the company Mr. KENNEDY. Mr. President, min- recognized for 5 minutes. logo on them,’’ which more than dou- imum wage workers are men and AMENDMENT NO. 2078 bled the price. It does not matter. The women of dignity. They are predomi- Mr. DORGAN. I understand my taxpayer is picking up the tab for all of nantly women. They are women with amendment has been ordered in a this. It is unbelievable waste, fraud, children. So it is a children’s issue, a group of three amendments to be voted and abuse. women’s issue. These people who earn on. I will take 5 minutes to explain this Let me show one additional chart. the minimum wage are men and women amendment. This fellow shown in this picture testi- of color. It is a civil rights issue. But This amendment deals with the es- fied at one of our hearings. These are most of all, it is a fairness issue. tablishment of the creation of a com- $100 bills, batched together with Saran Over the period of these last 5 mittee in the Congress to investigate Wrap. He said: We used to play football months, we have passed class action the waste, corruption, and abuse in with them. He said it was like the Old legislation to provide special help and contracting in Iraq and also con- West. This is in Iraq. He said: We told assistance to many of the largest cor- tracting, in most cases, sole-source people, subcontractors and contractors, porations in this country. We have

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11546 CONGRESSIONAL RECORD — SENATE October 19, 2005 passed bankruptcy legislation to take for some workers, about two-thirds of am certainly willing to consider a care of the credit card companies. We those who would benefit from this in- package of reforms for business, this is passed an energy bill that will provide crease are adults, and one-third of not the way to do it. Passage of such enormous bonuses to the oil compa- them are the sole breadwinners for antiworker proposals should not be a nies. their families. condition of providing a much-needed We have an opportunity this after- I was proud to vote for the 1996–1997 wage increase for the lowest income noon to pass an increase in the min- increase that brought the minimum Americans. imum wage for workers who have not wage to its current $5.15, and I am I urge my colleagues to oppose the seen an increase in the minimum wage pleased to be a cosponsor of legislation Enzi amendment and to support Amer- over the last 9 years. This is about fair- introduced by the Senator from Massa- ican workers by voting for the Kennedy ness. Americans understand it. They chusetts, Mr. KENNEDY, that would in- amendment. have seen it on the cover of their mag- crease the minimum wage to $7.25. The Mr. KERRY. Mr. President, I want to azines with Hurricane Katrina. They Economic Policy Institute notes that voice my strong support for an amend- know our fellow Americans need a such an increase would directly help ment offered by Senator KENNEDY to helping hand. This can be enormously more than 7.3 million American work- raise the Federal minimum wage from helpful to those Americans. ers. This increase will also help the its current, astonishingly low, rate of Let’s go ahead and pass it this after- children and other dependents of these $5.15 an hour to $6.25 an hour. noon. workers potentially more than 15 mil- An increase in the minimum wage is Mr. FEINGOLD. Mr. President, I rise lion people. long overdue. Today, the real value of to lend my strong support to the Congress’s inaction on this issue over the minimum wage is more than $3.00 amendment offered by the Senator the past several years has led to a below what it was in 1968—and at the from Massachusetts, Mr. KENNEDY, of growing grass-roots movement to in- lowest real rate in half a century. which I am proud to be an original co- crease the minimum wage at the state Since Congress last acted to raise the sponsor. level. A number of States have enacted minimum wage in 1996, its value has It is far past time that we increase increases over the past few years, in- eroded by 17 percent. This indifference the Federal minimum wage. The last cluding Wisconsin. On June 1, 2005, the is simply unacceptable. To have the time Congress voted to increase the minimum wage for most workers in my same purchasing power it had in 1968, minimum wage was 9 years ago in 1996, State was increased to $5.70 per hour. the minimum wage would have to be and the last portion of this increase The Wisconsin Department of Work- more than $8.50 an hour. Yet nothing went into effect 8 years ago, in 1997. force Development estimated that this has been done, and the consequences of Since that time, consumers have faced increase would help between 100,000– our inaction are very real and very increased prices for everything from 150,000 workers in my State. While this painful to millions of Americans. food to clothing to housing to increase represents a step forward for Since President Bush took office, the childcare. And in recent months, gas Wisconsin workers, more work still number of Americans living in poverty prices have skyrocketed, and home needs to be done to boost the pur- has increased by 5.3 million. Today, 37 heating costs are expected to follow chasing power of these and other work- million people live in poverty, includ- suit this winter. ers around our country. ing 13 million children. And while prices have increased, the The amendment that we are consid- Yet, despite the damage we do to our purchasing power of the current Fed- ering today would increase the min- citizens and to our economy, this body eral minimum wage of $5.15 has de- imum wage by $1.10 to $6.25 over the has been unwilling to increase the Fed- creased by nearly 20 percent. A min- next 18 months. While this modest in- eral minimum wage. We had no prob- imum wage employee working 40 hours crease will not go as far as I and many lem passing a budget that gives tax per week can expect to earn $10,712 per others in this body would in supporting cuts to millionaires and trillion-dollar year—this is $4,500 below the poverty the hard-working Americans who badly companies. Yet we have had tremen- line for a family of three. need a raise, it is a long-overdue step dous problems ensuring that hard- Many minimum wage earners are in the right direction. working Americans, Americans who struggling to provide for the basic The amendment offered by the Sen- work full time jobs and play by all the needs of themselves and their families. ator from Wyoming, Mr. ENZI, would rules, won’t have to live below the pov- They cannot make ends meet on $10,712 also provide a $1.10 per hour increase in erty line, won’t have to decide between per year. These are hard-working the Federal minimum wage. However, educating their children and feeding Americans who deserve a fair shake this amendment would also undermine their family, won’t have to chose be- and who deserve a raise. Many work low-income workers’ struggle to break tween heating their home and buying more than one job, sacrificing time the cycle of poverty by allowing em- prescription drugs. with their children just to scrape by. ployers to deny these workers badly It is time for us to get our priorities Without an increase, these workers needed overtime pay through a so- straight. Seven and a half million will continue to work long hours to called flex time scheme. This amend- workers will directly benefit from a support their families with little hope ment, which is a total of 87 pages, also minimum wage increase. Raising the of saving for the future when they are includes a number of other incentives minimum wage to $6.25 an hour would barely able to afford the basic neces- for businesses that are intended to give minimum wage earners an addi- sities of the present. dampen the opposition of business tional $2,288 a year—enough to pay for According to a recent report by the groups to even this modest $1.10 in- a community college degree. Congress Center on Budget and Policy Priorities crease in the Federal minimum wage. should act now to pass a minimum and the Economic Policy Institute, However, what these proposals would wage increase that makes up for our ‘‘[t]he minimum wage now equals only really do is continue the process of dis- inexcusable failure to act in the past. I 32 percent of the average wage for pri- mantling the 40-hour work week that support Senator KENNEDY’s amendment vate sector, non-supervisory workers. was initiated with the implementation to increase the Federal minimum This is the lowest share since 1949.’’ In of the administration’s ill-conceived wage, and I urge my colleagues to do other words, the average minimum overtime rule changes last year. the same. wage worker makes less than one-third By the Senator from Wyoming’s, Mr. The PRESIDING OFFICER. The Sen- of the average nonsupervisory private ENZI, own admission, the committee ator from Wyoming is recognized. sector worker. which he chairs, the Committee on Mr. ENZI. Thank you, Mr. President. I am concerned about the argument Health, Education, Labor, and Pen- Mr. President, I urge my colleagues made by some who oppose this amend- sions, has not even considered many of to oppose the Kennedy amendment. ment that most minimum wage work- these provisions. These provisions Both amendments have the $1.10 min- ers are entry-level workers in first jobs should not be rolled into a proposal to imum wage increase in them. But only who will advance their way out of increase the minimum wage. The need my amendment provides for some way these jobs and move on to better pay- to increase the Federal minimum wage to offset that mandate so that small ing jobs. While that is certainly true stands on its own merit. And while I businesses which employ minimum

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11547 wage workers can afford the minimum Santorum Schumer Stabenow ers are women, and many are single wage. Sarbanes Specter Wyden mothers who must put food on the My colleague’s amendment will harm NAYS—51 table, make rent payments, and pro- small businesses’ economic growth and Alexander DeMint Martinez vide childcare. Increasing the min- job creation. It would raise the cost for Allard Dole McCain imum wage by a mere $1.10 per hour Allen Domenici McConnell small businesses without providing any Bennett Ensign Murkowski would provide tangible help to these relief to soften the blow, forcing em- Bond Enzi Roberts families in the form of groceries, rent, ployers to make difficult choices, such Brownback Frist Sessions and the ability to pay rising energy Bunning Graham Shelby costs. as raising prices, reducing employee Burns Grassley Smith benefits, or terminating employees. Burr Gregg Snowe I am proud that lawmakers in my I urge my colleagues to support my Chambliss Hagel Stevens State have recognized that the Federal amendment. My amendment protects Coburn Hatch Sununu minimum wage level simply is not ade- Cochran Hutchison Talent quate for a decent standard of living in small businesses’ economic growth and Coleman Inhofe Thomas job creation. As I said, they both raise Collins Isakson Thune high-cost States such as New Jersey. the minimum wage by $1.10, to $6.25, in Cornyn Kyl Vitter On October 1, the minimum wage in my Craig Lott Voinovich two steps of 55 cents over 18 months. State increased to $6.15, and on October Crapo Lugar Warner 1, 2006, it will increase again to $7.15. I My amendment recognizes and ad- NOT VOTING—2 know that this increase will have a dresses the fact that all minimum wage Corzine Inouye meaningful effect on people’s lives: it increases have certain costs. My means on average 15 months of child amendment protects against the nega- The PRESIDING OFFICER. On this care; over a year of tuition at a com- tive impact of this wage hike on small vote there are 47 yeas, the nays are 51. munity college; 10 months of heat and businesses, the biggest source of job Three-fifths of the Senators duly cho- electricity; 6 months of groceries; and 5 creation. This proposal is responsible sen and sworn not having voted in the months of rent. It is estimated that the and reasonable and designed not to dis- affirmative, the motion is not agreed increase will directly benefit some locate or unintentionally harm work- to. The point of order is sustained and the amendment falls. 200,000 workers. ers. But fair wages should not be guaran- I ask you to support my amendment. Mr. CORZINE. Mr. President, I rise today to speak in support of Senator teed only to workers in a few States. I The PRESIDING OFFICER. The Sen- support Senator KENNEDY’s amendment ator’s time has expired. KENNEDY’s amendment to increase the Federal minimum wage to $6.25 an because I believe that all Americans The question now occurs on amend- should be entitled to a decent standard ment No. 2063, as further modified, of- hour. I strongly support this amend- ment. Unfortunately, I was delayed in of living. Unfortunately, neither the fered by the Senator from Massachu- current minimum wage, nor Senator setts. arriving in Washington, DC, this after- noon. Had I been here, I would have ENZI’s amendment, can relieve the The Senator from Missouri is recog- voted yes. problems of low-income families in this nized. An increase in the Federal minimum country. Mr. BOND. Mr. President, I raise a wage is long overdue. I support the Kennedy amendment point of order under section 425(a)(2) of It has now been over 8 year since the because it seeks to provide a real-wage the Congressional Budget Act that the minimum wage was increased to its increase to workers that will help them amendment is an unfunded mandate. current level of $5.15 per hour. Since keep up with the rising cost of living in Mr. KENNEDY. Mr. President, pursu- that last increase, Congress’s failure to our Nation. I strongly oppose the Enzi ant to section 904 of the Congressional adjust the wage for inflation has re- amendment offered by my Republican Budget Act of 1974, I move to waive the duced the purchasing power of the min- colleagues, because it is a cruel hoax applicable sections of that act for pur- imum wage to record low levels. In on hard-working Americans. poses of the pending amendment, and I fact, after accounting for the loss of It is politics over policy, and it is ask for the yeas and nays. real value due to inflation, the pur- just plain wrong. All of our hard-working families na- The PRESIDING OFFICER. Is there a chasing power of the minimum wage tionwide need and deserve a minimum sufficient second? has not been this low since the wage wage that reflects the increased cost of There appears to be a sufficient sec- increase of 1945. ond. When Congress acted to raise the living in America. It is the least we can The question is on agreeing to the minimum wage in 1996, the wage was do for people who work hard and make motion. raised from $4.75 to its current $5.15. At a positive contribution to our great the time, this modest increase had real Nation. The clerk will call the roll. I strongly support a raise in the min- results for American families. The ad- The assistant legislative clerk called imum wage for the millions of Ameri- justment increased the take-home pay the roll. cans who work so hard to support their of nearly 10 million hard-working Mr. DURBIN. I announce that the families. We as Americans can do bet- Americans. But with inflation, the real Senator from New Jersey (Mr. CORZINE) ter. We must act now. and the Senator from Hawaii (Mr. dollar value of that increase is long AMENDMENT NO. 2115 gone. INOUYE) are necessarily absent. The PRESIDING OFFICER. There I further announce that, if present So that we are clear, raising the min- imum wage is a family issue. So often are now 2 minutes equally divided prior and voting, the Senator from New Jer- to a vote in relation to amendment No. sey (Mr. CORZINE) would vote ‘‘aye.’’ in this body we talk about family issues. This is our chance to act. 2115 offered by the Senator from Wyo- The yeas and nays resulted—yeas 47, ming. nays 51, as follows: No family gets rich from earning the minimum wage. In fact, the current Who seeks recognition? Mr. ENZI addressed the Chair. [Rollcall Vote No. 257 Leg.] minimum wage does not even lift a YEAS—47 The PRESIDING OFFICER. The Sen- family out of poverty. A person earning ator from Wyoming is recognized for 1 Akaka Dodd Levin the current minimum wage, working 40 minute. Baucus Dorgan Lieberman hours a week, 52 weeks a year, earns Bayh Durbin Lincoln Mr. ENZI. I thank the Chair. Biden Feingold Mikulski only $10,700—nearly $4,000 below the Mr. KENNEDY. Mr. President, I Bingaman Feinstein Murray poverty line for a family of three. make a point of order. The Senator is Boxer Harkin Nelson (FL) Seven out of every 10 minimum wage Byrd Jeffords entitled to be heard and I think the Nelson (NE) workers are adults, and 40 percent of Senate is not in order. Cantwell Johnson Obama Carper Kennedy minimum wage workers are the sole Pryor The PRESIDING OFFICER. The Sen- Chafee Kerry Reed breadwinners of their families. More- ate will be in order. Clinton Kohl Reid over, a disproportionate number of Conrad Landrieu The Senator from Wyoming. Dayton Lautenberg Rockefeller minimum wage workers are women. Mr. ENZI. Mr. President, I ask my DeWine Leahy Salazar Sixty percent of minimum wage work- colleagues to vote for my amendment,

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11548 CONGRESSIONAL RECORD — SENATE October 19, 2005 which raises the minimum wage level [Rollcall Vote No. 258 Leg.] believe we are spending too much, that by the same amount as the previous YEAS—42 there is waste, fraud, and abuse that we amendment. The reason this amend- Alexander Domenici Murkowski ought to get after, they ought to be ment deserves your support whereas Allen Ensign Roberts voting for this amendment and vote to Bennett Enzi Santorum the last one did not is that my amend- Bond Frist Sessions suspend the rules. ment has some small business offsets Brownback Graham Shelby The PRESIDING OFFICER. The Sen- that will actually give them a chance Bunning Grassley Smith ator from Arizona. to be able to pay the minimum wage Burns Hagel Snowe Cochran Hatch Specter Mr. MCCAIN. Mr. President, I appre- increase without having to lay people Coleman Hutchison Stevens ciate the concern of my friend from off, without having to accept some Collins Kyl Talent North Dakota, who is a vigilant guard- other alternatives that would be very Craig Lugar Thomas ian of taxpayer dollars. I point out that Crapo Martinez Thune detrimental to employees. This amend- DeWine McCain Voinovich the Armed Services Committee is ment helps the small business people Dole McConnell Warner doing work literally every day and that employ minimum wage workers NAYS—57 every week on this issue. We also have by giving them some tax breaks which Akaka DeMint Lieberman Appropriations Committee oversight are all offset. This amendment also in- Allard Dodd Lincoln on much of this, and I believe that cludes five other good policy initia- Baucus Dorgan Lott under the existing structure we have tives which I have mentioned pre- Bayh Durbin Mikulski today, including the excellent leader- viously in great detail. Biden Feingold Murray Bingaman Feinstein Nelson (FL) ship of our chairman and vice chair- I would ask that you vote for this Boxer Gregg Nelson (NE) man of the Homeland Security Com- amendment and provide small busi- Burr Harkin Obama mittee, that this amendment is not nesses with the help they need to be Byrd Inhofe Pryor Cantwell Isakson Reed necessary. able to afford a minimum wage in- Carper Jeffords Reid I understand the concern of the Sen- crease. Chafee Johnson Rockefeller ator from North Dakota. I just do not The PRESIDING OFFICER. The Sen- Chambliss Kennedy Salazar believe it is necessary at this time. ator from Massachusetts is recognized. Clinton Kerry Sarbanes Mr. KENNEDY. Mr. President, if you Coburn Kohl Schumer The PRESIDING OFFICER. The Sen- Conrad Landrieu Stabenow ator from Maine. are interested in an increase in the Cornyn Lautenberg Sununu minimum wage, this is not the way to Corzine Leahy Vitter Ms. COLLINS. Mr. President, I also go. We offered an increase in the min- Dayton Levin Wyden point out that there is a special inspec- imum wage which was two pages. His NOT VOTING—1 tor general overseeing all of these con- tracts. His name is Stuart Bowen. He amendment is 87 pages, and in that 87 Inouye does an excellent job. He has been very pages includes 3, at least, very impor- The PRESIDING OFFICER. On this tant items that are going to short- aggressive in his audits and investiga- vote, the ayes are 42, the nays are 57. tions. He regularly briefs all Members change American workers. Three-fifths of the Senators duly cho- First, it changes the eligibility of who are interested, and he issues a re- sen and sworn not having voted in the those who are going to be covered and port every quarter on his findings. So I affirmative, the motion is rejected. do believe we have an adequate struc- eliminates 10 million workers who are The point of order is sustained. The covered today. ture in place, a needed structure to be amendment falls. sure. Secondly, it eliminates overtime. It The PRESIDING OFFICER. The The PRESIDING OFFICER. The Sen- is called flextime, but the decision Democratic leader is recognized. whether it is going to be flexible will Mr. REID. Mr. President, on vote No. ator’s time has expired. be decided by the employer, and there- 257, the Kennedy minimum wage The question is on agreeing to the fore you are going to find that for the amendment, Senator CORZINE was ab- motion to suspend rule XVI, paragraph average worker in this country earning sent because of a plane delay. If he 4, for the consideration of amendment $44,000, $3,000 in overtime will be elimi- were present, he would have voted No. 2078 offered by the Senator from nated. ‘‘aye’’. North Dakota. Finally, this legislation effectively AMENDMENT NO. 2078 Mr. BOND. I ask for the yeas and preempts 31 States that have a tip The PRESIDING OFFICER. There is nays. credit program. On page 21: Any State now 2 minutes equally divided prior to The PRESIDING OFFICER. Is there a may not establish or enforce their tip the vote on the motion to suspend. sufficient second? credit. Who seeks recognition? There is a sufficient second. The PRESIDING OFFICER. The Sen- The Senator from North Dakota. The clerk will call the roll. ator’s time has expired. Mr. DORGAN. The motion to suspend Mr. KENNEDY. That will disadvan- The assistant legislative clerk called is my amendment. It deals with an un- the roll. tage workers in 31 States. This is the derlying amendment that would estab- wrong amendment for American work- Mr. MCCONNELL. The following Sen- lish an investigative committee to deal ator was necessarily absent: the Sen- ers and it should be defeated. with waste, fraud, and abuse dealing The PRESIDING OFFICER. The Sen- ator from Montana (Mr. BURNS). both with the country of Iraq and the ator’s time has expired. Mr. DURBIN. I announce that the reconstruction in Iraq, as well as re- Mr. KENNEDY. Mr. President, I Senator from Hawaii (Mr. INOUYE) is make a point of order that the pending construction in Louisiana, Mississippi, necessarily absent. and in the gulf region following Hurri- amendment violates section 425 of the The yeas and nays resulted—yeas 44, canes Katrina and Rita. Congressional Budget Act of 1974. nays 54, as follows: I will not recite all of the examples Mr. ENZI. Mr. President, I move to [Rollcall Vote No. 259 Leg.] waive the applicable section of the of substantial abuse from sole-source Budget Act and I ask for the yeas and contracts, but it is dramatic. I believe YEAS—44 nays. very strongly, just as Harry Truman Akaka Durbin Mikulski The PRESIDING OFFICER. Is there a did back in the 1940s in uncovering sub- Baucus Feingold Murray stantial waste, fraud, and abuse in the Bayh Feinstein Nelson (FL) sufficient second? Biden Harkin Nelson (NE) There appears to be a sufficient sec- Department of Defense at a time when Bingaman Jeffords Obama ond. a member of his own party occupied Boxer Johnson Pryor The clerk will call the roll. the White House, I believe this Con- Byrd Kennedy Reed Cantwell Kerry Reid The bill clerk called the roll. gress deserves good, strong oversight. Carper Kohl Rockefeller Mr. DURBIN. I announce that the We will get that with a special com- Clinton Landrieu Salazar Conrad Lautenberg Senator from Hawaii (Mr. INOUYE) is mittee looking into this massive waste, Sarbanes necessarily absent. fraud, and abuse. Corzine Leahy Dayton Levin Schumer The yeas and nays resulted—yeas 42, I would hope very much my col- Dodd Lieberman Stabenow nays 57, as follows: leagues would agree with me. If they Dorgan Lincoln Wyden

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11549 NAYS—54 SEC. 1ll. (a) No assistance shall be pro- taxes, but have those kinds of re- Alexander DeWine McCain vided under section 8 of the United States sources available to them. Allard Dole McConnell Housing Act of 1937 (42 U.S.C. 1437f) to any Recently, the Des Moines Register Allen Domenici Murkowski individual who— took another look at who is living in Bennett Ensign Roberts (1) is enrolled as a student at an institu- the notorious housing project that has Bond Enzi Santorum tion of higher education (as defined under Brownback Frist Sessions section 102 of the Higher Education Act of housed so many student athletes in the Bunning Graham Shelby 1965 (20 U.S.C. 1002)); past. The problem is still there, in full Burr Grassley Smith force, well over a year after my first Chafee Gregg Snowe (2) is under 24 years of age; Chambliss Hagel Specter (3) is not a veteran; letter to HUD. The Register’s Lee Rood Coburn Hatch Stevens (4) is unmarried; reported the following: Cochran Hutchison Sununu (5) does not have a dependent child; and While other students foraged this month Coleman Inhofe Talent (6) is not otherwise individually eligible, or for new apartments, at least three dozen Collins Isakson Thomas has parents who, individually or jointly, are Cornyn Kyl Thune Hawkeye athletes—many of whom receive Craig Lott Vitter not eligible, to receive assistance under sec- $6,560 annually for room and board as well as Crapo Lugar Voinovich tion 8 of the United States Housing Act of free tuition—returned to one of the best low- DeMint Martinez Warner 1937 (42 U.S.C. 1437f). rent housing deals in this notoriously high- (b) For purposes of determining the eligi- rent city: Pheasant Ridge Apartments. NOT VOTING—2 bility of a person to receive assistance under It is time to solve this problem once Burns Inouye section 8 of the United States Housing Act of and for all. These students are taking 1937 (42 U.S.C. 1437f), any financial assistance The PRESIDING OFFICER. On this up housing that is meant for truly vote, the yeas are 44, the nays are 54. (in excess of amounts received for tuition) that an individual receives under the Higher needy people—people who typically Two-thirds of the Senators voting not Education Act of 1965 (20 U.S.C. 1001 et seq.), have to wait 2 years for housing assist- having voted in the affirmative, the from private sources, or an institution of ance, despite the fact that they may motion is not agreed to. The point of higher education (as defined under the High- have the means to pay rent. order is sustained, and the amendment er Education Act of 1965 (20 U.S.C. 1002), shall My amendment would simply require falls. be considered income to that individual. students’ parental income to be consid- Mr. BOND. Mr. President, I move to (c) Not later than 30 days after the date of ered in determining their eligibility reconsider the vote. enactment of this Act, the Secretary of unless they are independent students Housing and Urban Development shall issue Mrs. MURRAY. I move to lay that under the same qualifications that the motion on the table. final regulations to carry out the provisions of this section. Department of Education uses in their The motion to lay on the table was Free Application for Student Financial Mr. HARKIN. Mr. President, in June agreed to. Aid. That is to say, students’ parental of 2004, an article appeared in the Des The PRESIDING OFFICER. The Sen- income would count against them un- Moines Register outlining serious sys- ator from Missouri. less they are over age 24, married, have temic abuses of the section 8 program Mr. BOND. Mr. President, we are kids, or are veterans. Further, it would by a number of wealthy athletes at the going to clear a number of amend- require a student’s scholarship above University of Iowa. For example, Brian ments, including the amendment by the cost of tuition to be counted as in- Ferentz, a Hawkeye football player, the Senator from Iowa. The ranking come. was found to be living in subsidized member and I were going to clear a Clearly, students who are truly needy housing despite the fact that his fa- number of amendments and agree to should have access to section 8. Help ther, Kirk Ferentz, lives in a million- them one at a time. Did the Senator with housing often makes the dif- dollar mansion in the same town and is have a very brief statement which he ference between being able to get an paid $2 million a year to coach his wants to make on that or does he want education and not being able to make team. To add insult to injury, Brian’s to speak for a longer time? ends meet. However, kids whose par- scholarship actually included a $700- Mr. HARKIN. Mr. President, I have ents have the means to help them per-month stipend for housing, yet he about 5 minutes at the most. should not be living in this housing. was living in section 8 housing. Mr. BOND. Mr. President, on that as- And if they are getting a housing sti- After reading about this abuse, I im- sumption, we will defer to the Senator pend, some of it should actually be mediately wrote to the Secretary of from Iowa. spent on housing. That’s all I ask. The PRESIDING OFFICER. The Sen- Housing and Urban Development, urg- We cannot allow our system to be ator from Iowa. ing him to close this loophole, which abused by people who take taxpayer Mr. HARKIN. Mr. President, I thank was the unintended consequence of a dollars inappropriately, and then go off the managers of the bill. I have an 1995 regulation allowing students to to sign multimillion-dollar NFL con- amendment to send to the desk. qualify for section 8, in order to help tracts. People who do need the help— The PRESIDING OFFICER. Without people of modest means have a chance including our most frail elderly, people objection, the pending amendment is at an education and to better them- with disabilities, and genuinely dis- set aside. selves. Unfortunately, HUD’s response advantaged folks—are getting dis- AMENDMENT NO. 2076 was far from adequate. HUD’s solution placed. This has been going on for well Mr. HARKIN. Mr. President, I send allowed students who live away from over a year, and despite pleas to HUD an amendment to the desk. home for just a year into the program, to fix this, the abuse has not stopped. The PRESIDING OFFICER. The if their parents stopped claiming them There is no other way to put a quick clerk will report. on their taxes. It is a pretty easy cal- end to this fraud. My amendment will The assistant legislative clerk read culation to see that a simple deduction end it with the stroke of the Presi- as follows: is worth less than a year’s rent, so it is dent’s pen. The Senator from Iowa [Mr. HARKIN] pro- easy for parents to decide to stop This amendment will finally close all poses an amendment numbered 2076. claiming their otherwise dependant those loopholes. Mr. HARKIN. Mr. President, I ask children in order to save money. I thank the manager of the bill and unanimous consent that reading of the Fortunately, language was included the ranking member for their consider- amendment be dispensed with. in the final omnibus appropriations bill ation. I urge acceptance of this amend- The PRESIDING OFFICER. Without last year closing a little more of this ment. objection, it is so ordered. loophole. It said that if you get an ath- Mr. BOND. Mr. President, we believe The amendment is as follows: letic scholarship, anything above tui- the amendment of the Senator from tion should be counted as income. Un- (Purpose: To provide that no funds may be Iowa makes good sense. It has been used to provide assistance under section 8 fortunately, this doesn’t go far enough. cleared on both sides. I believe it can of the United States Housing Act of 1937, to This doesn’t address people who are be agreed to by voice vote. certain students at institutions of higher getting housing stipends from other The PRESIDING OFFICER. Is there education, and for other purposes) kinds of scholarships, and doesn’t ad- further debate on amendment? If not, At the appropriate place insert the fol- dress students whose millionaire par- the question is on agreeing to the lowing: ents decided not to claim them on their amendment.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11550 CONGRESSIONAL RECORD — SENATE October 19, 2005 The amendment (No. 2076) was agreed Mr. BOND. Mr. President, I ask unan- ment of this Act, shall establish procedures to. imous consent that reading of the with airport directors located at United Mr. BOND. Mr. President, I move to amendment be dispensed with. States airports that have incoming flights reconsider the vote. The PRESIDING OFFICER. Without from any country that has had cases of avian Mrs. MURRAY. I move to lay that flu and with air carriers that provide such objection, it is so ordered. flights to deal with situations where a pas- motion on the table. The amendment is as follows: senger on one of the flights has symptoms of The motion to lay on the table was (Purpose: To provide for an Internal Revenue avian flu .’’. agreed to. Service report regarding tax refund proce- Mr. BOND. Mr. President, I have a dures and practices) Mr. BOND. Mr. President, this number of amendments which have On page 293, after line 25, add the fol- amendment has been cleared on both been cleared on both sides. We propose lowing: sides. It requires the Secretary of to bring them up individually and ask SEC. lllll. By not later than June 30, Transportation, in consultation with for their immediate consideration and 2006, the Internal Revenue Service, in con- the Secretary of Health and Human a voice vote. sultation with the National Taxpayer Advo- Services and FAA, to establish proce- I ask unanimous consent to set aside cate, shall report on the uses of the Debt In- dures to deal with airline passengers dicator tool, the debt collection offset prac- who have avian flu symptoms. any pending amendments in order to tice, and recommendations that could reduce offer those amendments. the amount of time required to deliver tax The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Without refunds. In addition, the report shall study further debate on the amendment? If objection, it is so ordered. whether the Debt Indicator facilitates the not, the question is on agreeing to the AMENDMENT NO. 2070 use of refund anticipation loan (RALs), amendment. Mr. BOND. First, I call up amend- evaluate alternatives to RALs, and examine the feasibility of debit cards being used to The amendment (No. 2139) was agreed ment 2070 on behalf of Senator COLLINS. to. This amendment would repeal the in- distribute refunds. creased limit on the micropurchase Mr. BOND. Mr. President, this Mr. BOND. Mr. President, I move to threshold on Government credit cards. amendment requires the IRS to submit reconsider the vote. The PRESIDING OFFICER. The a report on the debt indicator program Mrs. MURRAY. I move to lay that clerk will report. which is currently used by the IRS to motion on the table. The assistant legislative clerk read assist in tax filing and speeding up tax The motion to lay on the table was as follows: refunds where applicable. Senator agreed to. The Senator from Missouri [Mr. BOND], for AKAKA has raised legitimate concerns Mr. BOND. Mr. President, on a light- Ms. COLLINS, Mr. LIEBERMAN, Mr. AKAKA, Mr. on whether the debt indicator has led WARNER, Mr. LEVIN, Mr. COLEMAN, Mr. DOR- to the abuse of certain refund loans. er note, I understand that David GAN, and Mr. WYDEN, proposes an amend- While there are legitimate and appro- Letterman last night said there had ment numbered 2070. priate refund loans, there is, unfortu- been an instance of avian flu being Mr. BOND. Mr. President, I ask unan- nately, some abuse of them. We need to transmitted to human beings. He also imous consent that reading of the address this problem. noted that several Astros had come amendment be dispensed with. This amendment has been modified into contact with the Cardinals on The PRESIDING OFFICER. Without after discussion with our staff and the Monday night and suffered greatly. objection, it is so ordered. IRS. Fortunately, I hope that epidemic only The amendment is as follows: The PRESIDING OFFICER. Is there returns tonight and tomorrow night. (Purpose: To repeal the increased further debate on the amendment? If AMENDMENT NO. 2073, AS MODIFIED micropurchase threshold) not, the question is on agreeing to the Mr. BOND. Mr. President, I call up On page 406, between lines 7 and 8, insert amendment. amendment No. 2073, and I send a modi- the following: The amendment (No. 2101), as modi- fication to the desk on behalf of Sen- SEC. 724. REPEAL OF INCREASE IN MICRO-PUR- fied, was agreed to. CHASE THRESHOLD. ator INHOFE. Mr. BOND. Mr. President, I move to Section 101 of the Second Emergency Sup- The PRESIDING OFFICER. The plemental Appropriations Act to Meet Im- reconsider the vote. mediate Needs Arising From the Con- Mrs. MURRAY. I move to lay that clerk will report. sequences of Hurricane Katrina, 2005 (Public motion on the table. The assistant legislative clerk read Law 109–62; 119 Stat. 1992) is repealed. The motion to lay on the table was as follows: agreed to. Mrs. MURRAY. Mr. President, I ask The Senator from Missouri [Mr. BOND], for unanimous consent that Senators Dor- AMENDMENT NO. 2139 Mr. INHOFE, proposes an amendment num- gan and Wyden be added as cosponsors Mr. BOND. Mr. President, I send to bered 2073, as modified. to this amendment. the desk an amendment on behalf of Mr. BOND. Mr. President, I ask unan- The PRESIDING OFFICER. Without Senator BOXER. objection, it is so ordered. The PRESIDING OFFICER. The imous consent that reading of the The PRESIDING OFFICER. Is there clerk will report. amendment be dispensed with. further debate on the amendment? If The assistant legislative clerk read The PRESIDING OFFICER. Without not, the question is on agreeing to the as follows: objection, it is so ordered. amendment. The Senator from Missouri [Mr. BOND], for The amendment is as follows: The amendment (No. 2070) was agreed Mrs. BOXER, proposes an amendment num- (Purpose: To allocate funds for improvement to. bered 2139. Mr. BOND. Mr. President, I move to to Lawton-Fort Sill Regional Airport, and Mr. BOND. Mr. President, I ask unan- for other purposes) reconsider the vote. imous consent that reading of the Mrs. MURRAY. I move to lay that amendment be dispensed with. At the appropriate place, insert the fol- lowing: motion on the table. The PRESIDING OFFICER. Without The motion to lay on the table was objection, it is so ordered. SEC. ll. None of the funds appropriated or otherwise made available in this Act may agreed to. The amendment is as follows: AMENDMENT NO. 2101, AS MODIFIED be used by the Federal Aviation Administra- (Purpose: To ensure that proper precautions Mr. BOND. Mr. President, I send an tion for ARAC consolidation of Fort Sill, are taken by airports and air carriers to Oklahoma into OKC TRACON: Provided, That amendment to the desk on behalf of recognize and prevent the spread of avian $3,000,000 of the fund appropriated under the Senator AKAKA. flu, and for other purposes) heading ‘‘Facilities and Equipment’’ shall be The PRESIDING OFFICER. The On page 219, line 5, strike the period and available for ARAC operation and mainte- clerk will report. insert the following: ‘‘: Provided further, That nance at Fort Sill, Oklahoma. The assistant legislative clerk read the Secretary of Transportation, in consulta- as follows: tion with the Secretary of Health and Mr. BOND. Mr. President, as a result The Senator from Missouri [Mr. BOND], for Human Services and the Administrator of of BRAC decisions, the military is re- Mr. AKAKA, and Mr. BINGAMAN, proposes an the Federal Aviation Administration, not considering closing the Army Radar amendment numbered 2101, as modified. later than 60 days after the date of enact- Approach Control at Fort Sill, OK.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11551 This amendment prohibits the FAA (Purpose: To require the use of a sliding qualifying natural disaster declaration in from moving air traffic control over scale match ratio for certain transpor- the United States to increase the price of the area to the TRACON at Oklahoma tation projects in the State of Idaho) any oil or gas product more than 15 percent On page 276, after line 24, insert the fol- above the price of that product immediately City. prior to the declaration unless the increase The amendment has been cleared on lowing: SEC. ll. Subsection (a) of section 1964 of in the amount charged is attributable to ad- both sides. Public Law 109–59 is amended by inserting ditional costs incurred by the seller or na- The PRESIDING OFFICER. Is there ‘‘Idaho, Washington,’’ after ‘‘Oregon,’’. tional or international market trends. (b) ENFORCEMENT.— any further debate on the amendment? Mr. BOND. I ask that Senator MUR- If not, the question is on agreeing to (1) ENFORCEMENT POWERS.— RAY be added as a cosponsor. (A) IN GENERAL.—The Commission shall en- the amendment, as modified. The amendment clarifies the non- force this section as part of its duties under The amendment (No. 2073), as modi- Federal share for certain funding. It the Federal Trade Commission Act (15 U.S.C. fied, was agreed to. has been cleared on both sides of the 41 et seq.). Mr. BOND. Mr. President, I move to aisle. (B) REPORTING OF VIOLATIONS.—For pur- reconsider the vote. I ask my colleague if she wishes to poses of the enforcement of this section, the Mrs. MURRAY. I move to lay that make any comments. Commission shall establish procedures to motion on the table. permit the reporting of violations of this sec- Mrs. MURRAY. Mr. President, this tion to the Commission, including appro- The motion to lay on the table was amendment is an important step for priate links on the Internet website of the agreed to. both of our States. I appreciate the Commission and the use of a toll-free tele- Mr. BOND. Mr. President, I send an Senator from Missouri bringing it for- phone number for such purposes. amendment to the desk on behalf of ward tonight. (2) PENALTY.— Senator STABENOW and ask it be con- The PRESIDING OFFICER. The (A) CRIMINAL PENALTY.—A violation of this sidered. question is on agreeing to the amend- section shall be deemed a felony and a per- The PRESIDING OFFICER. The ment. son, upon conviction of a violation of this The amendment (No. 2072), as modi- section, shall be punished by fine not exceed- clerk will report. ing $10,000,000 if a corporation, or, if any The assistant legislative clerk read fied, was agreed to. other person, $350,000, or by imprisonment as follows: Mr. BOND. I move to reconsider the not exceeding 3 years, or both. The Senator from Missouri [Mr. BOND], for vote. (B) CIVIL PENALTY.—The Commission may Ms. STABENOW, proposes an amendment num- Mrs. MURRAY. I move to lay that impose a civil penalty not to exceed $5,000 bered 2140. motion on the table. for each violation of this section. For pur- The motion to lay on the table was poses of this subparagraph, each day of viola- The amendment is as follows: agreed to. tion shall constitute a separate offense. Civil (Purpose: To provide additional funds to sup- Mr. BOND. Mr. President, I yield the penalties under this subparagraph shall not port programs established under the LEG- floor. exceed amounts provided in subparagraph ACY Act of 2003) The PRESIDING OFFICER. The Sen- (A). (c) ACTION BY STATE ATTORNEY GENERAL.— On page 316, line 26, after ‘‘Provided,’’ in- ator from Minnesota. sert ‘‘That of the amount made available The attorney general of a State may bring a under this heading, $10,000,000 shall be made AMENDMENT NO. 2123 civil action for a violation of this section available to carry out section 203 of Public Mr. DAYTON. Mr. President, I call pursuant to section 4C of the Clayton Act (15 Law 108-186, up amendment numbered 2123 for im- U.S.C. 15c). Mr. BOND. Mr. President, this mediate consideration. Mr. DAYTON. This makes it a felony amendment deals with the HUD elderly The PRESIDING OFFICER. Without to raise oil or gas prices more than 15 demonstration program. It provides a objection, the pending amendments are percent during a natural disaster and other emergencies, and gives the U.S. set-aside out of HUD’s 202 elderly hous- set aside. Trade Commission, U.S. Department of ing program to fund the legacy housing The clerk will report. The bill clerk read as follows: Justice, and State Attorneys General program which provides for intergen- the authority to prosecute violators. erational housing units to assist low- The Senator from Minnesota [Mr. DAYTON] proposes an amendment numbered 2123. This creates an exception for cases in income grandparents who are heads of which a price increase is directly at- households. This program was enacted Mr. DAYTON. Mr. President, I ask unanimous consent the reading of the tributable to additional costs incurred in 2003. It seems to make eminent good by the seller. sense to me. amendment be dispensed with. The PRESIDING OFFICER. Without Currently, no Federal laws exist to The PRESIDING OFFICER. The address gasoline price gouging. Only 13 question is on agreeing to the amend- objection, it is so ordered. The amendment is as follows: States have such laws to prosecute ment. those who raise prices arbitrarily dur- The amendment (No. 2140) was agreed (Purpose: To prevent gas and oil gouging during natural disasters) ing times of emergency. to. At the end of the bill, add the following: On September 1, in the immediate Mr. BOND. I move to reconsider the aftermath of Hurricane Katrina, Presi- ll vote. TITLE —NATURAL DISASTER OIL AND dent Bush said in response to the price GAS PRICE GOUGING PREVENTION ACT Mrs. MURRAY. I move to lay that OF 2005 gouging that was underway: motion on the table. There ought to be zero tolerance of people SEC. l01. SHORT TITLE. breaking the law during an emergency such The motion to lay on the table was This title may be cited as the ‘‘Natural as this, whether it be looting or price agreed to. Disaster Oil and Gas Price Gouging Preven- gouging at the gasoline pump, or taking ad- tion Act of 2005’’. AMENDMENT NO. 2072, AS MODIFIED vantage of charitable giving or insurance Mr. BOND. Mr. President, I call up SEC. l02. DEFINITIONS. fraud. In this title: amendment numbered 2072 on behalf of On September 6th of this year, I (1) COMMISSION.—The term ‘‘Commission’’ Senator CRAIG, and I send a modifica- means the Federal Trade Commission. wrote a letter to the U.S. Attorney tion of the amendment to the desk. (2) QUALIFYING NATURAL DISASTER DECLARA- General in which I said, in part: The PRESIDING OFFICER. The TION.—The term ‘‘qualifying natural disaster I respectfully urge the Justice Department clerk will report. declaration’’ means— to follow through on the President’s warning The assistant legislative clerk read (A) a natural disaster declared by the Sec- and to investigate the sudden spike in gas as follows: retary under section 321(a) of the Consoli- prices nationwide, following Hurricane Katrina. The Senator from Missouri [Mr. BOND], for dated Farm and Rural Development Act (7 Mr. CRAIG, Mr. CRAPO and Mrs. MURRAY, pro- U.S.C. 1961(a)); or I further wrote: poses an amendment numbered 2072, as modi- (B) a major disaster or emergency des- I am deeply concerned that oil suppliers fied. ignated by the President under the Robert T. have used Hurricane Katrina as an excuse to Stafford Disaster Relief and Emergency As- The PRESIDING OFFICER. The grossly overcharge consumers, regardless of sistance Act (42 U.S.C. 5121 et seq.). whether fuel is in short supply. The Adminis- amendment will be so modified. SEC. l03. RESTRICTION ON PRICE GOUGING. tration has a responsibility to protect con- The amendment (No. 2072), as modi- (a) RESTRICTIONS.—It shall be unlawful in sumers from anyone who would exploit cata- fied, is as follows: the United States during the period of a strophic circumstances for outrageous profit,

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11552 CONGRESSIONAL RECORD — SENATE October 19, 2005 and I respectfully urge you to investigate grossly overcharge consumers, regardless of requires the U.S. Interagency Council this matter. whether fuel is in short supply. The Adminis- on Homelessness to make sure that all I ask unanimous consent my letter tration has a responsibility to protect con- of the appropriate agencies take into be printed at the conclusion of my re- sumers from anyone who would exploit cata- consideration the homeless assistance strophic circumstances for outrageous profit, marks. and I respectfully urge you to investigate programs. This is especially important The PRESIDING OFFICER. Without this matter. for kids today who are homeless, to objection, it is so ordered. Thank you for your consideration of my make sure their rights are protected. (See Exhibit 1) request. I ask for its immediate consider- Mr. DAYTON. Almost 7 weeks later, I Sincerely, ation. have not received even the courtesy of MARK DAYTON. Mr. BOND. Mr. President, I under- a reply from the U.S. Attorney Gen- Mr. BOND. Mr. President, not having stand this amendment is necessary be- eral. More importantly, I am not aware had a chance to review the entire cause in some homeless shelters, chil- of anything that he has done to inves- workings of the amendment, this is a dren are being sent to schools where tigate collusion among the oil compa- very serious legislative amendment. they have not been going. It has caused nies, the refiners, and the gasoline dis- Unfortunately, this is not the appro- a great deal of confusion. This is an ap- tributors whose post-Hurricane priate place to raise this legislation. It propriate measure and we accept it on Katrina price escalations parallel one is more appropriately concerned with this side. another. the Energy Committee or other com- The PRESIDING OFFICER. The Gasoline prices nationwide are 36 per- mittees. I, therefore, raise a point of question is on agreeing to the amend- cent higher than 1 year ago. Natural order that this is legislation on an ap- ment. gas prices are 145 percent higher. That propriations bill. I believe now the The amendment (No. 2141) was agreed means that current natural gas prices Chair has a copy of the amendment. I to. are almost 21⁄2 times what they were a raise an objection under rule XVI that Mr. BOND. I move to reconsider the year ago. this is legislation on an appropriations vote. The price of home heating oil in my bill. Mrs. MURRAY. I move to lay that home State of Minnesota now is 63 per- The PRESIDING OFFICER. In the motion on the table. cent above a year ago. Americans ev- opinion of the Chair, the point is well- The motion to lay on the table was erywhere are being ravaged economi- taken. This is legislating on an appro- agreed to. cally by energy companies, as the citi- priations bill and the amendment falls. Ms. SNOWE. Mr. President, I rise zens in Louisiana and Mississippi were Mr. BOND. I thank the Chair. today for one very simple reason, the ravaged by Katrina—although, obvi- The PRESIDING OFFICER. The Sen- days are relentlessly marching toward ously, their physical and economic dev- ator from Washington. winter . . . the clock is ticking as the astation was even worse. AMENDMENT NO. 2141 thermometer edges ever downward . . . While we have properly come to the Mrs. MURRAY. Mr. President, I send and it would be unconscionable for aid of hurricane victims, Congress has an amendment to the desk and ask for Congress to adjourn for the year with- done nothing to help the victims of its immediate consideration. out providing critical, additional as- this energy price disaster. Apparently, The PRESIDING OFFICER. Without sistance for LIHEAP, the Low Income the Bush administration has failed objection, the pending amendment is Home Energy Assistance Program, at a them, also. set aside. time of skyrocketing fuel prices. My amendment is an opportunity to The clerk will report. There should be no mistake, this is do something to stop energy price ex- The assistant legislative clerk read an emergency and a crisis we know is ploitation, to make price gouging as il- as follows: coming, and it would be an abrogation of our responsibility to stand by and legal as it is immoral. The Senator from Washington, [Mrs. MUR- Actions speak louder than words. RAY], proposes an amendment numbered 2141. allow it to occur. It does not take a crystal ball to predict the dire con- Now is the time to act against exorbi- Mrs. MURRAY. I ask unanimous con- sequences when home heating oil in tant energy prices, not just talk about sent the reading of the amendment be Maine is $2.52 per gallon, up 59 cents them. The vote on my amendment will dispensed with. from a year ago . . . kerosene prices show who is serious about driving en- The PRESIDING OFFICER. Without average $2.95 a gallon, 75 cents higher ergy costs down for all Americans, and objection, it is so ordered. than this time last year, and it is not who is not. The amendment is as follows: EXHIBIT 1 even winter yet. Some projections have (Purpose: To require the U.S. Interagency a gallon of heating oil reaching $3.00. SEPTEMBER 6, 2005. Council on Homelessness to conduct an as- Hon. ALBERTO GONZALES, sessment of guidance disseminated by So understandably, we are already Attorney General, U.S. Department of Justice, agencies for grantees of homeless assist- hearing the mounting concern ‘‘how Washington, DC. ance programs) will I pay for home heating oil when DEAR MR. ATTORNEY GENERAL: On Sep- At the appropriate place, insert the fol- it’s 30 percent more than last year, and tember 1st, President Bush said, with respect lowing: Page 406, line 8 insert a new para- I struggled to make ends meet then?’’ to price gouging following Hurricane graph. ‘‘How will I afford to pay half again as Katrina, ‘‘There ought to be zero tolerance SEC. 724. The United States Interagency of people breaking the law during an emer- much for natural gas?’’ People need to Council on Homelessness shall conduct an know now that they can count on us gency such as this, whether it be looting, or assessment of the guidance disseminated by price-gouging at the gasoline pump, or tak- for assistance. the Department of Education, the Depart- This is a necessity of life—so much so ing advantage of charitable giving, or insur- ment of Housing and Urban Development, ance fraud.’’ and other related federal agencies for grant- that 73 percent of households in a re- I respectfully urge the Justice Department ees of homeless assistance programs on cent survey reported they would cut to follow through on the President’s warning whether such guidance is consistent with back on, and even go without, other ne- and to investigate the sudden spike in gas and does not restrict the exercise of edu- cessities such as food, prescription prices nationwide, following Hurricane cation rights provided to parents, youth, and Katrina. drugs, and mortgage and rent pay- children under subtitle B of title VII of the In my home state of Minnesota, gas prices ments. Churches, food pantries, local McKinney-Vento Act: Provided, That such as- rose by 52 percent—from $1.97 to $3.01 per service organizations—they are all sessment shall address whether the prac- gallon—in the three-month period from June hearing the cry, and all the leaves tices, outreach, and training efforts of said 1st to September 1st. In three days alone, agencies serve to protect and advance such aren’t even yet off of the trees. The from August 29th to September 1st, Min- rights: Provided further, That the Council fact is, countless American’s don’t nesota gas prices surged 45 cents per gallon. shall submit to the House and Senate Com- have room in their budget, many on I understand that storm damage to oil oper- mittees on Appropriations an interim report fixed incomes, for this sudden surge in ations off the Gulf Coast has caused part of by May 1, 2006, and a final report by Sep- the problem. However, most of Minnesota’s home heating prices but surely, in tember 1, 2006. oil supply originates from Canada. looking at our national priorities, we I am deeply concerned that oil suppliers Mrs. MURRAY. This amendment has can find room in our budget to help have used Hurricane Katrina as an excuse to been cleared on both sides. It simply Americans stay warm this winter.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11553 Because of the supply disruptions The problem will be most acute in North- through the winter. In some states that will caused by the hurricanes at a time ern states, where running out of fuel poses mean shifting more money to homes that use when prices were already spiraling up, health risks, particularly to the elderly, and heating oil because oil distributors custom- prices have been driven even higher could damage homes if water pipes freeze arily won’t deliver unless they are paid in and then break. ‘‘This year we’ve got a very advance, Mr. Wolfe says. and are directly affecting low income good chance of running out,’’ says Jo-Ann That means less money for utilities that Mainers and how they will be able to Choate, who manages the program for supply natural gas. Those companies, on the pay for their home heating oil, propane Maine’s Housing Authority. other hand, are reluctant to cut off homes in and kerosene this winter. A recent Her state’s program has already received a the dead of winter. ‘‘They’ll get paid later,’’ Wall Street Journal quoted Jo-Ann host of new applications, but its buying says Mr. Wolfe, who said legislatures in sev- Choate, who heads up Maine’s LIHEAP power has shrunk. Last year, the program eral states including Massachusetts, New York and some in the Midwest are pondering program. Ms. Choate said, ‘‘This year paid $480 for each household it assisted, cov- ering the cost of 275 gallons of heating oil. ways to supplement the federal funding. we’ve got a very good chance of run- This year, $480 will buy only 172 gallons. She The effects of a federal program stretched ning out.’’ Eighty-four percent of the figures that in a normal winter, ‘‘That will thin will be uneven, since some utilities have applicants for the LIHEAP program in go in the first three or four weeks.’’ a much higher percentage of low-income cus- the State use oil heat. Over 46,000 ap- If there is a funding shortfall, Maine plans tomers than others. About three-fourths of plied for and received State LIHEAP to focus the money it has on the elderly, dis- the nation’s home heating-oil customers are funds last winter. Each household re- abled and families with small children. It is in New England. studying how to move others to heated shel- In Montana, a state law forbids natural-gas ceived $480, which covered the cost of companies from shutting off fuel to cus- 275 gallons of heating oil. ters. ‘‘We’ll need to get people who know how to drain the pipes if people are moved tomers in the winter. But users of propane, a The problem this winter is that the out of their homes,’’ Ms. Choate says. gas commonly used in rural areas, aren’t same $480 will buy only 172 gallons, ‘‘They’ll have to be volunteers, though, be- protected. Chemical companies and manufacturers which a household will use up in the cause we’ll have no money to pay them.’’ first 3 to 4 weeks in Maine. What will In Wisconsin, Susan Brown, director of the that produce products using natural gas often have ‘‘interruptible contracts,’’ which state’s energy-assistance program, says the these people do to stay warm for the means that if supplies run short, utilities program ‘‘will pay less of a given heating four or five months left of winter? The will cut them off and send the gas to home- bill.’’ The number of clients—70% of whom water pipes will freeze and then break, owners. damaging homes. People will start use natural gas—has traditionally grown by If there are frequent interruptions this 2% a year. This year, she worries that num- winter, ‘‘it’s going to wash its way through using their stoves to get heat. The ber could increase by as much as 30%. ‘‘If Mortgage Bankers Association expects the entire economy,’’ predicts Charles Van that’s the case,’’ she warns, ‘‘we will simply Vlack, vice president of the American Chem- that the steep energy costs could in- have to shut the program down.’’ istry Council, which represents 130 compa- crease the number of missed payments According to the Department of Health nies. ‘‘Just saying industrial users are going and lost homes beginning later this and Human Services, which provides the to drop off of the [supply] system is a poor year. My State is expecting at least money to states, heating-bill increases are outcome. It’s going to knock out jobs.’’ 48,000 applicants this winter, so there felt more acutely by the poor. In 2002, for ex- ample, the average household spent 5.9% of The Federal Department of Energy will be less money distributed to each its income on heating compared with 12.6% has predicted that homeowners who household unless we can obtain higher spent by low-income households. use oil for heat and propane will spend funding for the LIHEAP program. Additional help may be on the way as Con- 30 percent more this year than last, Ms. Choate says that Maine plans to gress and the Bush administration weigh and natural gas users will spend 48 per- focus on the elderly, disabled, and fam- proposals to increase funding. Senate Demo- cent more. According to the National ilies with small children, and is study- crats led by Sen. John Kerry of Massachu- Energy Assistance Directors Associa- ing how to move others to heated shel- setts are trying to add $3.1 billion to the pro- tion, heating costs for the average fam- ters. This is why our efforts are so very gram by attaching the money to a Defense Department spending bill. ily using heating oil are projected to important. And it isn’t just Maine, it is ‘‘It is unthinkable that this administration hit $1,666 for the upcoming winter. This happening in all of the Nation’s cold would fail to have the emergency funds represents an increase of $403 over last weather States. Quite simply, without available to help families who need it the winter’s prices and $714 over the winter increased funding, we are forcing the most,’’ Sen. Kerry said in a statement, sug- heating season of 2003–2004. managers of State LIHEAP programs gesting that Democrats will have a powerful For families using natural gas, prices to make a Solomon’s choice. I request issue for next year’s elections if there is a are projected to hit $1,568, which is an that the Wall Street Journal article of shortfall of heating funds this winter. increase of $611 over last year’s price A spokesman for the HHS, which added October 6, 2005 be printed for the some emergency funds to the program during and $643 over 2003–2004. This is the larg- RECORD. last year’s heating season, said an increase est increase in home heating prices in There being no objection, the mate- in funding this year would be for Congress to over 30 years. This is why our amend- rial was ordered to be printed in the decide. Paul Scofield, a spokesman for the ment is so very important. RECORD, as follows: House Appropriations Committee, said that Congress recently passed an Energy [From the Wall Street Journal, Oct. 6, 2005] ‘‘we’ve always tried to keep this program bill which is now law. In that bill, we funded,’’ but added that, so far, it hasn’t re- FEARING SHORTFALL LINKED TO HURRICANES, authorized $5.1 billion for the LIHEAP ceived any proposal to add money from the STATES SCRAMBLE TO STRETCH FEDERAL program. My goal is to see that this is Bush administration. AID AMONG THE NEEDY totally funded. We simply have to show ‘‘We’ve had a very mild winter in the last (By John J. Fialka) five or six years. If we get a real Montana that we meant what we asked for and WASHINGTON.—State managers of the $2 winter this year, that’s what’s really got us totally fund the LIHEAP program. A billion federal program that helps poor peo- spooked,’’ says Jim Nolan, the heating pro- total of $5.1 billion has already been ple pay their heating bills say that price in- gram’s director in Montana. Last year his authorized. All we are asking with this creases following hurricanes Katrina and program served 21,000 households, but about measure is to provide an additional $3.1 Rita could mean some homes will run out of 85,000 are potentially eligible this year. With billion in emergency LIHEAP funding fuel this winter. rising energy costs, he says, ‘‘we could reach in additional to the $2 billion already The Low-Income Home Energy Assistance a tipping point and drive the number of ap- requested by the President. Passage of Program has helped consumers pay about plicants much higher.’’ half of the average $600 home heating bill in His department is lobbying for more assist- this amendment to the Transportation/ recent years. But this winter will be dif- ance money from state electricity and gas Treasury/Housing Appropriations bill ferent. The Department of Energy estimates utilities, which have a ‘‘public purpose fund’’ is vital. that the cost of heating an average home that earmarks 25 percent for energy assist- The facts are that LIHEAP is pro- with oil will rise to $1,666 and to $1,568 for ance for the poor. This year, Mr. Nolan jected to help 5 million households na- natural gas, but the federal money budgeted wants 70 percent of the money, which would tionwide this winter. But that’s only for the program remains the same. take funding away from renewable-energy about one-sixth of households across ‘‘We’re looking at a situation we’ve never projects, such as solar and wind power. the country that qualify for the assist- really faced before,’’ says Mark Wolfe, execu- Mr. Wolfe, who represents the state direc- tive director of the National Energy Assist- tors in Washington, says that without sub- ance. So this is a perennial fight we ance Directors’ Association, state agencies stantially more help from the federal gov- wage even when prices aren’t as high as that funnel the federal money to people who ernment, the states and utilities will have to today. And now, that battle becomes meet state criteria for fuel help. use a ‘‘triage’’ system to get families all the more pivotal.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11554 CONGRESSIONAL RECORD — SENATE October 19, 2005 I want to thank Senators REED and elderly, the disabled, and many others long-term needs of the poor. Emer- COLLINS for their leadership on this will be forced to make impossible gency aid was impossible for even the amendment and I am proud to stand choices between heating their homes most hard-hearted Members of Con- shoulder to shoulder with them to se- and paying for food, or health care, or gress to refuse. But as the spotlight cure what is, in essence, literally life- rent. fades it is back to poverty as usual. or-death funding for our most vulner- A Federal program is supposed to be The House sent the Senate a con- able Americans. The cold weather available to help the poorest of the tinuing resolution which freezes fund- won’t wait and neither should we when poor to avoid these unacceptable trade- ing for the LIHEAP program. But that it comes to helping citizens survive offs. LIHEAP, the Low Income Home funding obviously isn’t enough. Nine- through the winter. Energy Assistance Program, grants aid teen percent of current LIHEAP recipi- Mr. KENNEDY. Mr. President, with to low-income families who can’t af- ents say they keep their home at a temperatures dropping, there are few ford the steep cost of energy. temperature they feel is unsafe or more important duties than keeping The number of households receiving unhealthy. Eight percent report that our citizens safe and warm for the win- this assistance has increased from 4 their electricity or gas was shut off in ter. Rising fuel prices give added ur- million in 2002 to 5 million this year, the past year for nonpayment. gency to our efforts to lend a hand to the highest level in ten years. The continuing resolution also cut those who can’t afford their heating Ninety-four percent of LIHEAP the Community Services Block Grant bills. households have at least one family by 50 percent. These funds are used by Sadly, the gap between rich and poor member who is elderly, disabled, a many community action agencies to has been widening in our society, espe- child under the age of 18, or a single administer the LIHEAP assistance. cially in recent years. The number of parent with a young child. 77 percent of According to ABCD, a community ac- persons living in poverty in the Nation LIHEAP recipients report an annual tion agency in Massachusetts whose has risen from 31 million in 2000 to 37 income at or below $20,000 and 61 per- neighborhood network handles the out- million today, a 19 percent increase cent of recipients have annual incomes reach and application process for during the Bush administration. Thir- at or below the poverty line. LIHEAP, the cut in funding means that teen million children now live in pov- Shameful, however, LIHEAP is not access to this critical survival resource erty. Wages remain stagnant, while in- being given the funds needed to meet will shrink by more than 70 percent. Up flation inexorably sinks more and more today’s responsibilities. In fact, the to 10,500 households, out of a current families below the poverty line. The President’s budget funds the program total of 15,000 recipients, may not get long-term unemployment rate is at his- at $2 billion which is almost the same their benefits. toric highs. There is no excuse for today as when the program was created Those of us in Congress who care about this issue sent an urgent request America to continue to look the other in 1981, the first year of the adminis- to the President to increase the funds, way. Hurricane Katrina demonstrated tration of President Ronald Reagan. but our request has gone unanswered. Since then, heating oil prices have the plight of minorities for all of us to We are here today to say that see, for all the world to see. The ‘‘silent gone up 265 percent. LIHEAP may not be on the administra- Meanwhile, demand for LIHEAP slavery of poverty’’ is not so silent any tion’s agenda, but it is on our agenda. funding has increased. In Massachu- more. That is why we are fighting so hard to For those in poverty, the American setts, it serves 130,000 households, in- increase LIHEAP funding. Senator dream is a nightmare. Families stay cluding 15,000 in Boston. KERRY and I offered an amendment on Eight thousand of the 12,000 fuel as- awake at night worrying how to make the DOD Appropriations bill to in- ends meet. Parents wonder how they sistance applications sent out for this crease LIHEAP funding by $3.1 billion. will feed their children and pay their winter have already been returned, Almost every Democratic Senator bills. 1,500 more than this time last year. voted for it, but the Republican Sen- Rising energy costs are a huge part With current funding, even those re- ators overwhelmingly opposed it and it of the problem. Significant numbers of ceiving LIHEAP assistance won’t re- was defeated. We will continue to raise citizens live with the constant threat ceive enough to last the entire winter. this issue again and again and again, of power shut-offs, because they can’t In Massachusetts, one 71–year-old until our Nation’s neediest families are pay their energy bills, and there’s no woman lives alone and keeps her ther- fully protected this winter. relief in sight. mostat set at 60 degrees to save money. So I strongly support Senator REED’s According to a recent report by the She hopes the Federal Government will and Senator COLLINS’ amendment to Energy Information Administration, come through with more LIHEAP this appropriations bill, and I hope the the outlook for the coming winter is money before she runs out of ways to Republican leadership will allow us to bleak. Home heating bills are likely to pay her heating bill. She says, ‘‘I turn have an up or down vote on this soar. Hurricanes Katrina and Rita have down the thermostat as low as I can amendment at some point during this strained already-tight oil and natural and sometimes I turn it off and put on debate. gas production. According to the Amer- extra sweaters. I don’t know how much Congress needs to stand up for the ican Petroleum Institute, 20 percent of longer I can keep doing this.’’ millions of Americans struggling to the Nation’s refinery capacity is down Many families will struggle just to make ends meet. We need to tell low- or is restarting as a result of damage get their heat turned back on for the income families across the country by both hurricanes. winter because they still owe money that we heard them, we care about On average, households heating pri- from last winter’s bills. them, and we don’t intend to leave marily with natural gas will pay $350 Another example is a single mother them shivering in the cold this winter. more this winter for heat, an increase who lives with her baby daughter. LIHEAP is indispensable in filling of an incredible 48 percent over last She’s a nurse, but she lost her job in that need. It is wrong for Congress to year. Those relying primarily on oil August 2004 has been relying on tem- shortchange LIHEAP and the millions will pay $378 more, an increase of 32 porary jobs since then. of families who need our help the most. percent. Her pay doesn’t cover her bills, and Until every parent has a warm place to These are not just abstract numbers. her electricity has been cut off. She come home to every day, and every They represent huge burdens on real worries about how she can pay off her child has a warm bed to sleep in every people. Just last week, Mayor Menino bills this winter. night, our job is not done. and I met with low-income seniors at It is wrong for us to let people like Mr. ENSIGN. Mr. President, I rise to the Curtis Hall Community Center in this suffer. So how does the Republican speak to the amendment to enhance Massachusetts. They are scared that leadership in Congress respond? By cut- the Free File Alliance. The Free File they won’t be able to make ends meet ting funds for essential low income pro- Alliance is a partnership between the this winter. They are worried about grams. Internal Revenue Service and the pri- how they’ll pay their high home heat- In spite of Katrina, the administra- vate technology industry. ing bills. Predictions of a cold winter tion and the House of Representatives This voluntary program was created and sky-high fuel costs mean that the continue to close their eyes to the in 2002 after the IRS tried to create its

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11555 own tax preparation software and e-fil- MORNING BUSINESS This is a promising step in the right ing program at the taxpayers’ expense. Mr. BOND. Mr. President, I ask unan- direction, but it is only a down pay- Such a program would have needlessly imous consent the Senate turn to a pe- ment on the task at hand. Moreover, duplicated the resources and invest- riod of morning business, with Sen- the research strategy for these grants ments of the private sector. Instead, ators permitted to speak therein for up does not follow the nationally focused, the Free File Alliance came into being, to no more than 10 minutes. collaborative, and comprehensive helping preserve voluntary compliance. The PRESIDING OFFICER. Without model as outlined in the Breast Cancer This Alliance provides free electronic objection, it is so ordered. and Environmental Research Act. More research must be done to deter- tax preparation and e-filing services to f lower income, disadvantaged and un- mine the impact of the environment on derserved taxpayers. In its first 3 years BREAST CANCER AWARENESS breast cancer. If we miss promising re- of existence, the Free File Alliance has MONTH search opportunities because Congress donated some 10 million tax returns to Mr. REID. Mr. President, as we pause has failed to act, millions of women American taxpayers and has helped sig- to observe Breast Cancer Awareness and their families will face difficult nificantly increase the number of e- Month, I would like to focus on the questions about breast cancer . . . and filed tax returns. The success of this need to study the causes of this fright- we won’t have the answers. unique public-private partnership has ening disease, including the possible These women and their families de- been achieved at no cost to the tax- link between breast cancer and the en- serve answers. That’s why we must payers. vironment. work together to pass this bill, which This alliance has benefited the Amer- Women diagnosed with breast cancer enjoys broad bipartisan support. I urge ican public. It has allowed the IRS to inevitably all ask the same question: my colleagues to observe Breast Cancer focus its resources and efforts on its Why me? Awareness Month and to support the congressionally authorized mission and The unfortunate truth in all too quest for answers about this deadly dis- objectives. The budget simply does not many instances is, we don’t know. Less ease by supporting the Breast Cancer have room for waste or duplication, than 30 percent of breast cancers are and Environmental Research Act. and the Free File public-private part- explained by known risk factors. Mr. CORZINE. Mr. President, I rise nership has met an urgent need in the We don’t know if the environment today in observance of National Breast most cost-effective way possible. plays a role in the development of Cancer Awareness Month. Today, 3 mil- There are long-standing program breast cancer. Studies have explored lion American women are living with management issues that need to be cor- the effect of isolated environmental this disease. In 2005, an additional rected in the IRS oversight of the Free factors such as diet, pesticides, and 200,000 women are expected to be diag- File program. For the first 3 years, the even electromagnetic fields. In most nosed with invasive breast cancer and Service failed to make necessary man- cases, the results have been inconclu- over 40,000 will die from this disease. agement reforms. Congress has pro- sive. Furthermore, there are many While in recent years we have seen sig- vided specific direction in terms of tax- other factors that are suspected to play nificant advances in breast cancer re- payer protections, but the needed re- a role that have yet to be studied. search, scientists are still researching We must find answers. While there is forms have still not been put in place. many questions that remain unan- much we don’t know, it is clear that a This amendment is fully consistent swered regarding the causes and pre- better understanding of the role the en- with all of the previous Congressional vention of this disease. vironment plays in the development of I am particularly concerned about direction. It provides that the IRS and breast cancer could help to improve the likely impact that environmental the Department of Treasury do not our understanding of the causes of factors have in contributing to the waiver from this direction. It will also breast cancer and could lead to preven- prevalence of breast cancer. That is ensure that the IRS does not provide tion strategies. why I support the bipartisan Breast all aspects of tax functions, including For several years now, I have worked Cancer Environmental Research Act, tax preparation services. That kind of to pass bipartisan legislation, The S. 757, which would provide $30 million conflict of interest cannot ever be per- Breast Cancer and Environmental Re- a year for 5 years for the development mitted. The American people expect us search Act, which would give scientists and operation of multi-institutional, to look out for their interests in such the tools they need to better under- multi-disciplinary research centers to matters, to ensure fairness and balance stand any link between breast cancer study environmental factors poten- in the system, and to protect their and the environment. The Breast Can- tially linked to breast cancer. There is rights to voluntary compliance. cer and Environmental Research Act a clear need for research. We owe it to This amendment and accompanying would dedicate $30 million a year for 5 breast cancer survivors and victims to report language should get the Free years for the National Institute of En- pass this legislation. File program on track to achieve its vironmental Health Sciences, NIEHS, Over the past several years, New Jer- intended purposes and objectives, and to award grants to study the relation- sey has consistently ranked in the top ensure that the IRS keeps its energies ship between environmental factors 10 states in the Nation for breast can- and resources focused on critical core and breast cancer. Under a competi- cer incidence and mortality. That is missions, rather than spending pre- tive, peer-reviewed grant-making proc- why I feel especially strongly about cious public funds to try to expand ess that involves patient advocates, the supporting further progress and future them. NIEHS Director would award grants for advancements in the fight against this This is a basic good government, tax- the development and operation of up to awful disease that will only continue payer-focused measure, and I ask my eight centers for the purpose of con- to cause suffering among American colleagues to join me in supporting ducting multi-disciplinary research. women if we fail to act. this amendment. To date, there has been only a lim- In addition to passing S. 757, we must NOTICE OF INTENT ited research investment to study the also increase funding for the National Mr. DAYTON. Mr. President, in ac- role of the environment in the develop- Institutes of Health, NIH, the National cordance with rule V of the standing ment of breast cancer—but we are Cancer Institute, NCI, and the Centers rules of the Senate, I hereby give no- making progress. Over the past several for Disease Control, CDC, all of which tice in writing of my intention to move years, I have worked with my col- have played a major role in the devel- to suspend Paragraph 4 of Rule XVI for leagues on the Senate Appropriations opment of improved treatment. Despite the purpose of proposing to the Bill, Committee to include appropriations the critical role these agencies play in H.R. 3058, the Transportation, Treas- language that has allowed the NIEHS developing tools to fight and prevent ury, and Housing and Urban Develop- to award grants to four research cen- cancer, the President and Republican- ment Appropriations Bill, the following ters to begin to study the prenatal-to- led Congress have significantly under- amendment: No. 2143. adult environmental exposures that funded breast cancer initiatives at (The amendment is printed in today’s may predispose a woman to breast can- NIH, NCI, and CDC. We need to do RECORD under ‘‘Text of Amendments.’’) cer. more.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11556 CONGRESSIONAL RECORD — SENATE October 19, 2005 We need a collaborative, comprehen- NIEHS Director would award grants for We get pretty full of ourselves in this sive, national strategy to study the eti- the development and operation of up to city, imagining that we are running ology of breast cancer. The Breast Can- eight centers for the purpose of con- the world. But all the success our Na- cer Environmental Research Act would ducting multidisciplinary research. It tion achieves comes from the hard accomplish this. I urge all of my col- would require collaboration with com- work, risk taking, and character of leagues to observe National Breast munity organizations in the area, in- regular folks like Bob Sparboe, who Cancer Awareness month by supporting cluding those that represent women achieve beyond their wildest dreams. this critical piece of legislation. with breast cancer, as an integral com- His life was the American dream incar- f ponent of the centers. Inherent in its nate. We offer our condolences to his structure would be the kind of effi- family and friends. And we are grateful LOCAL LAW ENFORCEMENT ciency, and public accountability that to have had the privilege to know a ENHANCEMENT ACT OF 2005 has made an overwhelming number of person of such great character, drive Mr. SMITH. Mr. President, I rise my colleagues, as well as scientists and and wisdom. today to speak about the need for hate consumers, so supportive of the De- Mr. President, I ask that the fol- crimes legislation. Each Congress, Sen- partment of Defense Breast Cancer Re- lowing statement from former United ator KENNEDY and I introduce hate search Program. States Senator Rudolph E. Boschwitz crimes legislation that would add new In honor of Breast Cancer Awareness be printed in the RECORD. categories to current hate crimes law, Month, I urge my colleagues to join me The statement follows: sending a signal that violence of any and continue to fight the war on breast Picture a young Bob Sparboe, just back kind is unacceptable in our society. cancer, and invest in getting the an- from the Army, his head full of dreams, Likewise, each Congress I have come to swers to eradicating this disease. eager to start his own business eager to the floor to highlight a separate hate f make his first deal, and there he was young crime that has occurred in our coun- Bob sitting across the desk from the banker try. ADDITIONAL STATEMENTS in Litchfield, Minnesota. Bankers always ap- John Solis was attacked and beaten pear in this kind of story as a scowling, un- after a gay-pride event in Brooklyn, friendly, bunch of fellows. Bob never com- TRIBUTE TO BOB SPARBOE mented about that, but he needed $1,400 for NY on June 29, 2004. A dozen people ∑ just 21 days. Scowl or not, the banker must shouted anti-gay slurs at Solis. When Mr. COLEMAN. Mr. President, I would like to pay tribute to a Min- have had some doubts. The normal borrower he turned to confront them they at- didn’t come in for a 21-day loan. tacked him with baseball bats. Solis’s nesota hero and an American hero, Bob eventually solved the problem by buy- wrist was broken and he was hit in the Robert Sparboe, who passed away last ing the bank—something he never would head. The police were slow to respond week. If anyone around the world have believed that day many years ago. He and ineffective. wanted to know why this is the great- got the loan. He made the deal. And he paid I believe that the government’s first est country in the world, I would tell the banker back on time. duty is to defend its citizens, to defend them: Take a look at the life of Bob His head was full of dreams. And one of the them against the harms that come out Sparboe. He is proof positive that the endearing and enduring elements of Bob’s surest path to success is working hard life was that he never stopped dreaming. Am- of hate. The Local Law Enforcement bition didn’t fade as he aged. And he lived Enhancement Act is a symbol that can in a free society. Bob Sparboe found his success in the his ever-enlarging dreams to their fullest. become substance. I believe that by Not only with regard to his business, but passing this legislation and changing egg business. He went from a $5,000 in- with his wonderful family as well. current law, we can change hearts and vestment after the Korean war to a $260 Not everybody knew Bob and I would occa- minds as well. million operation employing 600 people sionally introduce him as a man who had six Mr. KOHL. Mr. President, I rise in four States. If anyone in the sound million chickens laying eggs and doing so today, as Breast Cancer Awareness of my voice has ever eaten an egg in a with regularity. Not too long ago, Bob cor- Month comes to a close, to urge my Midwestern restaurant, you are one of rected me to say with quiet pride, ‘‘It is now his customers. He has presided over 10 twelve million, Rudy.’’ colleagues to join me in cosponsoring Bob and I both admired Ronald Reagan and S. 757, the Breast Cancer Environ- million hens laying over 2 billion eggs a year. Reagan would often say, ‘‘If you give people mental Research Act. enough freedom and opportunity, ordinary It has long been believed that the en- I often wonder from where Americans people will achieve extraordinary things.’’ vironment plays some role in the de- are getting their values. I sure hope it Bob was such a person Bob proved Reagan velopment of breast cancer, but the ex- is not from overhyped rock stars, right. Bob recognized what the promise of tent of that role is not understood. movie stars, and media creations. One America had given him and it filled his heart Today, less than 30 percent of breast of the values of our State of Minnesota with a deep and abiding love for this great cancers are explained by known risk is people are usually only one genera- country. It was in that way—through the po- tion or one set of relations removed litical process—that I met Bob and Deanna factors. There are studies exploring the and other members of their family and the effect of things like diet, pesticides, from the farm. We learn what farmers know; there are four seasons to life: Sparboe Farms family as well. and electromagnetic fields on breast Some may believe that our country’s cancer incidence, but in most cases, planting, growing, harvesting, and greatness was achieved by politicians sitting these and many other environmental resting. Not much of value is produced in Washington or St. Paul and indeed it is factors that are also suspected to play by people who cram. There are seasons their names that fill the history books. But a role have not been fully investigated. and rhythms to life that must be un- they were not the builders. Their actions We need a collaborative, comprehen- derstood and respected. preserved and enhanced the opportunities sive, national strategy to explore these Bob was a wealth of wisdom. Here are and freedoms, but the builders of democracy are and were the Bob Sparboes of our coun- issues. a few of his gems collected from an ar- ticle written honoring him last year: try. The Breast Cancer Environmental People who had dreams. People who were The smartest thing you can do is hire Research Act would create a uniquely willing to take risks—even for 21 days—and someone who is more capable than you are. targeted research plan, similar in de- then never stopped dreaming and working sign to the incredibly efficient Depart- It’s better to have an average plan with su- full time to achieve those ever-enlarging ment of Defense Peer Reviewed Breast perior execution than a superior plan with dreams. average execution. Cancer Research Program. This bill So Bob will be missed not only by a very would authorize $30 million a year for 5 A good leader creates leaders out of his fol- loving family, but America will miss Bob as lowers. And a really good leader creates well. years for the National Institute of En- moral agents. vironmental Health Sciences, NIEHS, We have lost not only a friend, a father, a Leadership is about coping with change. husband and grandfather, but America has to award grants to study the relation- Management is about coping with com- lost one of the finest builders of its great- ship between environmental factors plexity. ness. One of its proudest sons. and breast cancer. Under a competi- You need to adopt the attitude that ‘‘I will Bob Sparboe—an extraordinary life, an ex- tive, peer-reviewed grantmaking proc- succeed, not only in spite of my limitations, traordinary example of the wonders of de- ess that involves patient advocates, the but because of them.’’ mocracy.∑

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11557 MESSAGES FROM THE PRESIDENT MESSAGE FROM THE HOUSE Natural Treatment System Project, to au- thorize the Secretary to carry out a program Messages from the President of the At 2:42 p.m., a message from the to assist agencies in projects to construct re- United States were communicated to House of Representatives, delivered by gional brine lines in California, to authorize the Senate by Mr. Williams, one of his Mr. Hays, one of its reading clerks, an- the Secretary to participate in the Lower secretaries. nounced that the House has passed the Chino Dairy Area desalination demonstra- f following bills, in which it requests the tion and reclamation project, and for other concurrence of the Senate: purposes; to the Committee on Energy and EXECUTIVE MESSAGES REFERRED Natural Resources. H.R. 177. An act to amend the Reclamation As in executive session the Presiding H.R. 3549. An act to designate the facility Wastewater and Groundwater Study and Fa- of the United States Postal Service located Officer laid before the Senate messages cilities Act to authorize the Secretary of the at 210 West 3rd Avenue in Warren, Pennsyl- from the President of the United Interior to participate in the Prado Basin vania, as the ‘‘William F. Clinger, Jr. Post States submitting sundry nominations Natural Treatment System Project, to au- Office Building’’; to the Committee on which were referred to the appropriate thorize the Secretary to carry out a program Homeland Security and Governmental Af- to assist agencies in projects to construct re- committees. fairs. gional brine lines in California, to authorize H.R. 3830. An act to designate the facility (The nominations received today are the Secretary to participate in the Lower printed at the end of the Senate pro- of the United States Postal Service located Chino Dairy Area desalination demonstra- at 130 East Marion Avenue in Punta Gorda, ceedings.) tion and reclamation project, and for other Florida, as the ‘‘U.S. Cleveland Post Office f purposes. Building’’; to the Committee on Homeland H.R. 1409. An act to amend the Foreign As- Security and Governmental Affairs. REPORT RELATIVE TO THE CON- sistance Act of 1961 to provide assistance for H.R. 3853. An act to designate the facility TINUATION OF THE NATIONAL orphans and other vulnerable children in de- of the United States Postal Service located EMERGENCY DECLARED IN EX- veloping countries, and for other purposes. at 208 South Main Street in Parkdale Arkan- ECUTIVE ORDER 12978 WITH RE- H.R. 3549. An act to designate the facility sas, as the Willie Vaughn Post Office; to the SPECT TO SIGNIFICANT NAR- of the United States Postal Service located Committee on Homeland Security and Gov- COTICS TRAFFICKERS CENTERED at 210 West 3rd Avenue in Warren, Pennsyl- ernmental Affairs. vania, as the ‘‘William F. Clinger, Jr. Post IN COLOMBIA—PM 27 Office Building’’. f The PRESIDING OFFICER laid be- H.R. 3830. An act to designate the facility ENROLLED BILLS PRESENTED fore the Senate the following message of the United States Postal Service located The Secretary of the Senate reported at 130 East Marion Avenue in Punta Gorda, from the President of the United that on today, October 19, 2005, she had States, together with an accompanying Florida, as the ‘‘U.S. Cleveland Post Office Building’’. presented to the President of the report; which was referred to the Com- H.R. 3853. An act to designate the facility United States the following enrolled mittee on Banking, Housing, and of the United States Postal Service located bills: Urban Affairs. at 208 South Main Street in Parkdale, Ar- S. 55. An act to adjust the boundary of To the Congress of the United States: kansas, as the Willie Vaughn Post Office. Rocky Mountain National Park in the State Section 202(d) of the National Emer- The message also announced that the of Colorado. S. 156. An act to designate the Ojito Wil- gencies Act, 50 U.S.C. 1622(d), provides House agree to the amendment of the Senate to the bill H.R. 3971, an act to derness Study Area as wilderness, to take for the automatic termination of a na- certain land into trust for the Pueblo of Zia, tional emergency unless, prior to the provide assistance to individuals and and for other purposes. States affected by Hurricane Katrina, anniversary date of its declaration, the f President publishes in the Federal Reg- with amendments, in which it requests ister and transmits to the Congress a the concurrence of the Senate. EXECUTIVE AND OTHER notice stating that the emergency is to f COMMUNICATIONS The following communications were continue in effect beyond the anniver- ENROLLED BILL SIGNED sary date. In accordance with this pro- laid before the Senate, together with vision, I have sent the enclosed notice The message further announced that accompanying papers, reports, and doc- to the Federal Register for publication, the Speaker of the House of Represent- uments, and were referred as indicated: stating that the emergency declared atives has signed the following enrolled EC–4271. A communication from the Chair- with respect to significant narcotics bills: man, U.S. Merit Systems Protection Board, traffickers centered in Colombia is to S. 156. An act to designate the Ojito Wil- transmitting, pursuant to law, a report enti- continue in effect beyond October 21, derness Study Area as wilderness, to take tled ‘‘The Probationary Period: A Critical certain land into trust for the Pueblo of Zia, Assessment Opportunity’’; to the Committee 2005. The most recent notice con- on Homeland Security and Governmental Af- tinuing this emergency was published and for other purposes. S. 55. An act to adjust the boundary of fairs. in the Federal Register on October 20, Rocky Mountain National Park in the State EC–4272. A communication from the Chair- 2004 (69 Fed. Reg. 61733). of Colorado. man, Federal Housing Finance Board, trans- The circumstances that led to the mitting, pursuant to law, the Board’s 2006 The enrolled bills were signed subse- Annual Performance Budget; to the Com- declaration on October 21, 1995, of a na- quently by the President pro tempore tional emergency have not been re- mittee on Homeland Security and Govern- (Mr. STEVENS). solved. The actions of significant nar- mental Affairs. The following enrolled bill, pre- EC–4273. A communication from the Direc- cotics traffickers centered in Colombia viously signed by the Speaker of the tor, Office of Personnel Management, trans- continue to pose an unusual and ex- House, was signed today, October 19, mitting, pursuant to law, the report of a rule traordinary threat to the national se- 2005, by the President pro tempore (Mr. entitled ‘‘Retirement Credit for Certain Gov- curity, foreign policy, and economy of ernment Service Performed Abroad’’ STEVENS). the United States and to cause unpar- (RIN3206–AK84) received on October 11, 2005; alleled violence, corruption, and harm H.R. 3765. An act to extend through March to the Committee on Homeland Security and 31, 2006, the authority of the Secretary of the Governmental Affairs. in the United States and abroad. For Army to accept and expend funds contrib- EC–4274. A communication from the Chair- these reasons, I have determined that uted by non-Federal public entities and to man of the Council of the District of Colum- it is necessary to maintain economic expedite the processing of permits. bia, transmitting, pursuant to law, a report pressure on significant narcotics traf- f on D.C. Act 16–170, ‘‘Walter Reed Property fickers centered in Colombia by block- Tax Exemption Reconfirmation Act of 2005’’; ing their property and interests in MEASURES REFERRED to the Committee on Homeland Security and property that are in the United States The following bills were read the first Governmental Affairs. or within the possession or control of EC–4275. A communication from the Chair- and the second times by unanimous man of the Council of the District of Colum- United States persons and by depriving consent, and referred as indicated: bia, transmitting, pursuant to law, a report them of access to the U.S. market and H.R. 177. An act to amend the Reclamation on D.C. Act 16–171, ‘‘Prescription Drug Exces- financial system. Wastewater and Groundwater Study and Fa- sive Pricing Act of 2005’’; to the Committee GEORGE W. BUSH. cilities Act to authorize the Secretary of the on Homeland Security and Governmental Af- THE WHITE HOUSE, October 19, 2005. Interior to participate in the Prado Basin fairs.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11558 CONGRESSIONAL RECORD — SENATE October 19, 2005 EC–4276. A communication from the Chair- designation of an acting officer for the posi- By Mr. DOMENICI, from the Committee on man of the Council of the District of Colum- tion of United States Attorney/Western Dis- Energy and Natural Resources, with an bia, transmitting, pursuant to law, a report trict of Oklahoma, received on October 11, amendment in the nature of a substitute: on D.C. Act 16–172, ‘‘Brentwood Retail Center 2005; to the Committee on the Judiciary. S. 584. A bill to require the Secretary of Real Property Tax Exemption Temporary EC–4288. A communication from the White the Interior to allow the continued occu- Act of 2005’’; to the Committee on Homeland House Liaison, Department of Justice, trans- pancy and use of certain land and improve- Security and Governmental Affairs. mitting, pursuant to law, the report of the ments within Rocky Mountain National EC–4277. A communication from the Chair- designation of an acting officer for the posi- Park (Rept. No. 109–146). man of the Council of the District of Colum- tion of United States Attorney/Western Dis- By Mr. DOMENICI, from the Committee on bia, transmitting, pursuant to law, a report trict of Tennessee, received on October 11, Energy and Natural Resources, without on D.C. Act 16–173, ‘‘District of Columbia Bus 2005; to the Committee on the Judiciary. amendment: Shelter Temporary Amendment Act of 2005’’; EC–4289. A communication from the White S. 652. A bill to provide financial assistance to the Committee on Homeland Security and House Liaison, Department of Justice, trans- for the rehabilitation of the Benjamin Governmental Affairs. mitting, pursuant to law, the report of the Franklin National Memorial in Philadelphia, EC–4278. A communication from the Chair- designation of an acting officer for the posi- Pennsylvania, and the development of an ex- man of the Council of the District of Colum- tion of United States Attorney/Southern Dis- hibit to commemorate the 300th anniversary bia, transmitting, pursuant to law, a report trict of West Virginia, received on October of the birth of Benjamin Franklin (Rept. No. on D.C. Act 16–182, ‘‘Dog Park Establishment 11, 2005; to the Committee on the Judiciary. 109–147). Amendment Act of 2005’’; to the Committee EC–4290. A communication from the White By Mr. DOMENICI, from the Committee on on Homeland Security and Governmental Af- House Liaison, Department of Justice, trans- Energy and Natural Resources, with an fairs. mitting, pursuant to law, the report of the amendment in the nature of a substitute: EC–4279. A communication from the Chair- designation of an acting officer for the posi- S. 895. A bill to direct the Secretary of the man of the Council of the District of Colum- tion of First Assistant, received on October Interior to establish a rural water supply bia, transmitting, pursuant to law, a report 11, 2005; to the Committee on the Judiciary. program in the Reclamation States to pro- on D.C. Act 16–183, ‘‘District of Columbia EC–4291. A communication from the Sec- vide a clean, safe affordable, and reliable Emancipation Day Alternate Date Tem- retary of the Treasury, transmitting, pursu- water supply to rural residents (Rept. No. porary Amendment Act of 2005’’; to the Com- ant to law, a six-month periodic report on 109–148). mittee on Homeland Security and Govern- the national emergency declared in Execu- By Mr. DOMENICI, from the Committee on mental Affairs. tive Order 12978 of October 21, 1995, with re- Energy and Natural Resources, with an EC–4280. A communication from the Chair- spect to significant narcotics traffickers cen- amendment: man of the Council of the District of Colum- tered in Colombia; to the Committee on S. 955. A bill to direct the Secretary of the bia, transmitting, pursuant to law, a report Banking, Housing, and Urban Affairs. Interior to conduct a special resource study on D.C. Act 16–184, ‘‘Income Withholding EC–4292. A communication from the Presi- to determine the suitability and feasibility Transfer and Revision Temporary Amend- dent, Southwestern Indian Polytechnic Insti- of including in the National Park System ment Act of 2005’’; to the Committee on tute, Bureau of Indian Affairs, Department certain sites in Williamson County, Ten- Homeland Security and Governmental Af- of the Interior, transmitting, pursuant to nessee, relating to the Battle of Franklin fairs. law, a report relative to the extension of the (Rept. No. 109–149). EC–4281. A communication from the Assist- Personnel Demonstration Project timeline By Mr. DOMENICI, from the Committee on ant Secretary, Policy Management and expiration (October 31, 2005) for a period of Energy and Natural Resources, with amend- Budget, Department of the Interior, trans- two years; to the Committee on Indian Af- ments: S. 958. A bill to amend the National Trails mitting, pursuant to law, the Department’s fairs. System Act to designate the Star–Spangled annual report on grants streamlining and EC–4293. A communication from the Sec- Banner Trail in the States of Maryland and standardization; to the Committee on En- retary of Defense, transmitting, pursuant to Virginia and the District of Columbia as a ergy and Natural Resources. law, a report in response to the Electro- National Historic Trail (Rept. No. 109–150). EC–4282. A communication from the Attor- magnetic Pulse (EMP) Commission’s Report; S. 1154. A bill to extend the Acadia Na- ney, Office of Assistant General Counsel for to the Committee on Armed Services. tional Park Advisory Commission, to provide Legislation and Regulatory Law, Depart- EC–4294. A communication from the Under improved visitor services at the park, and for ment of Energy, transmitting, pursuant to Secretary of Defense for Personnel and Read- other purposes (Rept. No. 109–151). law, the report of a rule entitled ‘‘Guidelines iness, transmitting, a report on the approved for Voluntary Greenhouse Gas Reporting’’ S. 1238. A bill to amend the Public Lands retirement of Vice Admiral Gerald L. Corps Act of 1993 to provide for the conduct (RIN1901–AB11) received on October 11, 2005; Hoewing, United States Navy, and his ad- to the Committee on Energy and Natural Re- of projects that protect forests, and for other vancement to the grade of vice admiral on purposes (Rept. No. 109–152). sources. the retired list; to the Committee on Armed EC–4283. A communication from the Acting By Mr. DOMENICI, from the Committee on Services. Energy and Natural Resources, without Assistant Secretary of the Interior, trans- EC–4295. A communication from the Under mitting, pursuant to law, the report of a rule amendment: Secretary of Defense for Personnel and Read- S. 1627. A bill to authorize the Secretary of entitled ‘‘Oil And Gas Leasing; Geothermal iness, transmitting, a report on the approved the Interior to conduct a special resources Resources Leasing; Coal Management; Man- retirement of Lieutenant General Michael A. study to evaluate resources along the coastal agement of Solid Minerals Other than Coal; Hough, United States Marine Corps, and his region of the State of Delaware and to deter- Mineral Materials Disposal; and Mining advancement to the grade of lieutenant gen- mine the suitability and feasibility of estab- Claims Under the General Mining Laws (Cost eral on the retired list; to the Committee on lishing a unit of the National Park System Recovery)’’ (RIN1004–AC64) received on Octo- Armed Services. in Delaware (Rept. No. 109–153). ber 11, 2005; to the Committee on Energy and EC–4296. A communication from the Under H.R. 126. A bill to amend Public Law 89–366 Natural Resources. Secretary of Defense for Personnel and Read- to allow for an adjustment in the number of EC–4284. A communication from the Assist- iness, transmitting, a report on the approved free roaming horses permitted in Cape Look- ant Attorney General, Office of Legislative retirement of General Kevin P. Byrnes, out National Seashore (Rept. No. 109–154). Affairs, Department of Justice, transmit- United States Army, and the grade of lieu- H.R. 539. A bill to designate certain Na- ting, pursuant to law, a report describing the tenant general on the retired list; to the tional Forest System land in the Common- efforts undertaken by the Department of Committee on Armed Services. wealth of Puerto Rico as components of the Justice (DOJ), Office of Victims of Crime f National Wilderness Preservation System (OVC) during Fiscal Years 2003 and 2004; to (Rept. No. 109–155). the Committee on the Judiciary. REPORTS OF COMMITTEES H.R. 584. A bill to authorize the Secretary EC–4285. A communication from the Assist- of the Interior to recruit volunteers to assist ant Attorney General, Office of Legislative The following reports of committees were submitted: with, or facilitate, the activities of various Affairs, Department of Justice, transmit- agencies and offices of the Department of the By Mr. DOMENICI, from the Committee on ting, pursuant to law, the Office of Justice Interior (Rept. No. 109–156). Programs (OJP) Annual Report for Fiscal Energy and Natural Resources, with an H.R. 606. A bill to authorize appropriations Years 2003 and 2004; to the Committee on the amendment in the nature of a substitute: to the Secretary of the Interior for the res- Judiciary. S. 206. A bill to designate the Ice Age toration of the Angel Island Immigration EC–4286. A communication from the Chair- Floods National Geologic Trail, and for other Station in the State of California (Rept. No. man, United States Commission on Civil purposes (Rept. No. 109–144). 109–157). Rights, transmitting, pursuant to law, a re- By Mr. DOMENICI, from the Committee on port entitled ‘‘Federal Procurement After Energy and Natural Resources, with an f Adarand’’; to the Committee on the Judici- amendment in the nature of a substitute and EXECUTIVE REPORTS OF ary. an amendment to the title: COMMITTEES EC–4287. A communication from the White S. 242. A bill to establish 4 memorials to House Liaison, Department of Justice, trans- the Space Shuttle Columbia in the State of The following executive reports of mitting, pursuant to law, the report of the Texas (Rept. No. 109–145). committees were submitted:

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11559 By Mr. ENZI for the Committee on Health, for other purposes; to the Committee on En- 385, a bill to amend the Food Security Education, Labor, and Pensions. ergy and Natural Resources. Act of 1985 to restore integrity to and *John O. Agwunobi, of Florida, to be an As- By Mr. MCCAIN (for himself and Mr. strengthen payment limitation rules DORGAN): sistant Secretary of Health and Human Serv- for commodity payments and benefits. ices. S. 1892. A bill to amend Public Law 107–153 *Mark S. Schneider, of the District of Co- to modify a certain date; to the Committee S. 513 lumbia, to be Commissioner of Education on Indian Affairs. At the request of Mr. GREGG, the Statistics for a term expiring June 21, 2009. By Mr. SANTORUM: name of the Senator from Washington S. 1893. A bill to permit biomedical re- *Bertha K. Madras, of Massachusetts, to be (Ms. CANTWELL) was added as a cospon- Deputy Director for Demand Reduction, Of- search corporations to engage in certain financings and other transactions without sor of S. 513, a bill to provide collective fice of National Drug Control Policy. bargaining rights for public safety offi- *Diane Rivers, of Arkansas, to be a Mem- incurring limitations on net operating loss ber of the National Commission on Libraries carryforwards and certain built-in losses, cers employed by States or their polit- and for other purposes; to the Committee on and Information Science for a term expiring ical subdivisions. Finance. July 19, 2009. S. 769 By Mr. INHOFE (for himself, Mr. *Sandra Frances Ashworth, of Idaho, to be At the request of Ms. SNOWE, the ROCKEFELLER, Ms. LANDRIEU, and Mr. a Member of the National Commission on Li- CRAIG): name of the Senator from Texas (Mr. braries and Information Science for a term S. 1894. A bill to amend part E of title IV CORNYN) was added as a cosponsor of S. expiring July 19, 2009. of the Social Security Act to provide for the 769, a bill to enhance compliance as- *Jan Cellucci, of Massachusetts, to be a making of foster care maintenance payments sistance for small businesses. Member of the National Commission on Li- to private for-profit agencies; considered and S. 859 braries and Information Science for a term passed. expiring July 19, 2009. By Mr. ENSIGN (for himself, Mr. At the request of Mr. SANTORUM, the *Christine M. Griffin, of Massachusetts, to INHOFE, and Mr. DEMINT): name of the Senator from Nevada (Mr. be a Member of the Equal Employment Op- S. 1895. A bill to return meaning to the ENSIGN) was added as a cosponsor of S. portunity Commission for a term expiring Fifth Amendment by limiting the power of 859, a bill to amend the Internal Rev- July 1, 2009. eminent domain; to the Committee on Fi- enue Code of 1986 to allow an income *Naomi Churchill Earp, of Virginia, to be a nance. Member of the Equal Employment Oppor- By Mr. SANTORUM: tax credit for the provision of home- tunity Commission for a term expiring July S. 1896. A bill to permit access to Federal ownership and community develop- 1, 2010. crime information databases by educational ment, and for other purposes. *Mark Hofflund, of Idaho, to be a Member agencies for certain purposes; to the Com- S. 1016 mittee on the Judiciary. of the National Council on the Arts for the At the request of Mr. MARTINEZ, the By Mr. CORZINE (for himself and Mr. remainder of the term expiring September 3, name of the Senator from California 2008. DODD): *John O. Agwunobi, of Florida, to be Med- S. 1897. A bill to amend the Forest and (Mrs. FEINSTEIN) was added as a co- ical Director in the Regular Corps of the Rangeland Renewable Resources Planning sponsor of S. 1016, a bill to direct the Public Health Service, subject to the quali- Act of 1974 and related laws to strengthen Secretary of Energy to make incentive fications therefore as provided by law and the protection of native biodiversity and ban payments to the owners or operators of regulations. clearcutting on Federal land, and to des- qualified desalination facilities to par- ignate certain Federal land as Ancient for- *Nomination was reported with rec- ests, roadless areas, watershed protection tially offset the cost of electrical en- ommendation that it be confirmed sub- areas, and special areas where logging and ergy required to operate the facilities, ject to the nominee’s commitment to other intrusive activities are prohibited; to and for other purposes. respond to requests to appear and tes- the Committee on Energy and Natural Re- S. 1038 sources. tify before any duly constituted com- At the request of Mr. LUGAR, the mittee of the Senate. f name of the Senator from Indiana (Mr. f SUBMISSION OF CONCURRENT AND BAYH) was added as a cosponsor of S. SENATE RESOLUTIONS 1038, a bill to amend the Farm Security INTRODUCTION OF BILLS AND and Rural Investment Act of 2002 to en- JOINT RESOLUTIONS The following concurrent resolutions and Senate resolutions were read, and hance the ability to produce fruits and The following bills and joint resolu- referred (or acted upon), as indicated: vegetables on covered commodity base tions were introduced, read the first acres. and second times by unanimous con- By Mr. DODD (for himself, Mr. ENSIGN, Mr. AKAKA, Mrs. BOXER, Mr. BURNS, S. 1081 sent, and referred as indicated: Mr. BURR, Ms. CANTWELL, Mr. CAR- At the request of Mr. KYL, the name By Mr. KERRY (for himself, Mr. KEN- PER, Mrs. CLINTON, Mr. COCHRAN, Ms. of the Senator from South Carolina NEDY, and Mr. JEFFORDS): COLLINS, Mr. CORNYN, Mr. CORZINE, (Mr. DEMINT) was added as a cosponsor S. 1887. A bill to authorize the conduct of Mr. DAYTON, Mr. DURBIN, Mr. FEIN- of S. 1081, a bill to amend title XVIII of small projects for the rehabilitation or re- GOLD, Mrs. FEINSTEIN, Mr. INOUYE, the Social Security Act to provide for moval of dams; to the Committee on Envi- Mr. KERRY, Mr. KOHL, Ms. LANDRIEU, ronment and Public Works. Mr. LAUTENBERG, Mr. LEVIN, Mr. LIE- a minimum update for physicians’ serv- By Mr. JEFFORDS (for himself and BERMAN, Ms. MIKULSKI, Ms. MUR- ices for 2006 and 2007. Mr. FEINGOLD): KOWSKI, Mrs. MURRAY, Mr. NELSON of S. 1120 S. 1888. A bill to provide for 2 programs to Nebraska, Mr. REID, Mr. SALAZAR, At the request of Mr. DURBIN, the authorize the use of leave by caregivers for Ms. SNOWE, Mr. SPECTER, and Ms. names of the Senator from Massachu- family members of certain individuals per- STABENOW): setts (Mr. KENNEDY) and the Senator forming military service, and for other pur- S. Res. 280. A resolution supporting poses; to the Committee on Homeland Secu- ‘‘Lights On Afterschool’’, a national celebra- from North Dakota (Mr. DORGAN) were rity and Governmental Affairs. tion of after school programs; considered and added as cosponsors of S. 1120, a bill to By Mr. HAGEL: agreed to. reduce hunger in the United States by S. 1889. A bill to establish the Comprehen- By Mr. FRIST (for himself and Mr. half by 2010, and for other purposes. REID): sive Entitlement Reform Commission; to the S. 1139 Committee on Finance. S. Res. 281. A resolution honoring and At the request of Mr. SANTORUM, the By Mr. BAUCUS (for himself, Mr. thanking James Patrick Rohan; considered name of the Senator from Indiana (Mr. GRASSLEY, and Mr. MCCAIN): and agreed to. S. 1890. A bill to amend the Internal Rev- By Mr. BROWNBACK: BAYH) was added as a cosponsor of S. enue Code of 1986 to deny a deduction for cer- S. Con. Res. 59. A concurrent resolution 1139, a bill to amend the Animal Wel- recognizing the 40th anniversary of the tain fines, penalties, and other amounts; to fare Act to strengthen the ability of White House Fellows Program; to the Com- the Committee on Finance. mittee on the Judiciary. the Secretary of Agriculture to regu- By Ms. MURKOWSKI (for herself, Mr. late the pet industry. STEVENS, Mr. AKAKA, and Mr. f S. 1272 INOUYE): ADDITIONAL COSPONSORS S. 1891. A bill to authorize the leasing, de- At the request of Mr. NELSON of Ne- velopment, production, and economically S. 385 braska, the names of the Senator from feasible and prudent transportation of oil At the request of Mr. FEINGOLD, his Minnesota (Mr. COLEMAN) and the Sen- and gas in and from the Coastal Plain, and name was added as a cosponsor of S. ator from California (Mrs. FEINSTEIN)

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11560 CONGRESSIONAL RECORD — SENATE October 19, 2005 were added as cosponsors of S. 1272, a S. 1793 Constitution and international stand- bill to amend title 46, United States At the request of Mr. BINGAMAN, the ards. Code, and title II of the Social Security names of the Senator from Kansas (Mr. S. RES. 180 Act to provide benefits to certain indi- BROWNBACK) and the Senator from Illi- At the request of Mr. SCHUMER, the viduals who served in the United nois (Mr. DURBIN) were added as co- name of the Senator from New Jersey States merchant marine (including the sponsors of S. 1793, a bill to extend cer- (Mr. CORZINE) was added as a cosponsor Army Transport Service and the Naval tain apportionments to primary air- of S. Res. 180, a resolution supporting Transport Service) during World War ports. the goals and ideals of a National II. S. 1795 Epidermolysis Bullosa Awareness Week S. 1353 At the request of Mr. JOHNSON, the to raise public awareness and under- At the request of Mr. REID, the name name of the Senator from California standing of the disease and to foster of the Senator from Indiana (Mr. BAYH) (Mrs. BOXER) was added as a cosponsor understanding of the impact of the dis- was added as a cosponsor of S. 1353, a of S. 1795, a bill to amend the Social ease on patients and their families. bill to amend the Public Health Serv- Security Act to protect Social Security S. RES. 273 ice Act to provide for the establish- cost-of-living adjustments (COLA). At the request of Mr. COLEMAN, the ment of an Amyotrophic Lateral Scle- S. 1813 name of the Senator from Florida (Mr. rosis Registry. At the request of Mr. CRAIG, the MARTINEZ) was added as a cosponsor of S. 1405 name of the Senator from Maryland S. Res. 273, a resolution expressing the At the request of Mr. NELSON of Ne- (Ms. MIKULSKI) was added as a cospon- sense of the Senate that the United Na- braska, the names of the Senator from sor of S. 1813, a bill to amend titles 10 tions and other international organiza- Massachusetts (Mr. KERRY), the Sen- and 38 of the United States Code, to tions shall not be allowed to exercise ator from West Virginia (Mr. ROCKE- modify the circumstances under which control over the Internet. FELLER), the Senator from Montana a person who has committed a capital AMENDMENT NO. 2063 (Mr. BURNS) and the Senator from New offense is denied certain burial-related At the request of Mr. KENNEDY, the York (Mr. SCHUMER) were added as co- benefits and funeral honors. names of the Senator from Maryland sponsors of S. 1405, a bill to extend the S. 1841 (Ms. MIKULSKI) and the Senator from Michigan (Mr. LEVIN) were added as co- 50 percent compliance threshold used At the request of Mr. NELSON of Flor- to determine whether a hospital or ida, the names of the Senator from Illi- sponsors of amendment No. 2063 pro- posed to H.R. 3058, a bill making appro- unit of a hospital is an inpatient reha- nois (Mr. DURBIN), the Senator from priations for the Departments of bilitation facility and to establish the New York (Mrs. CLINTON) and the Sen- Transportation, Treasury, and Housing National Advisory Council on Medical ator from Washington (Mrs. MURRAY) Rehabilitation. were added as cosponsors of S. 1841, a and Urban Development, the Judiciary, S. 1597 bill to amend title XVIII of the Social District of Columbia, and independent agencies for the fiscal year ending Sep- At the request of Mrs. CLINTON, the Security Act to provide extended and name of the Senator from Colorado additional protection to Medicare tember 30, 2006, and for other purposes. At the request of Mr. DURBIN, his (Mr. SALAZAR) was added as a cospon- beneficiaries who enroll for the Medi- sor of S. 1597, a bill to award post- care prescription drug benefit during name was added as a cosponsor of humously a Congressional gold medal 2006. amendment No. 2063 proposed to H.R. 3058, supra. to Constantino Brumidi. S. 1860 AMENDMENT NO. 2065 S. 1700 At the request of Mr. DOMENICI, the At the request of Mr. BINGAMAN, the At the request of Mr. COBURN, the name of the Senator from California names of the Senator from Pennsyl- name of the Senator from Missouri (Mrs. FEINSTEIN) was added as a co- vania (Mr. SPECTER), the Senator from (Mr. TALENT) was added as a cosponsor sponsor of S. 1860, a bill to amend the West Virginia (Mr. ROCKEFELLER) and of S. 1700, a bill to establish an Office Energy Policy Act of 2005 to improve the Senator from Illinois (Mr. DURBIN) of the Hurricane Katrina Recovery energy production and reduce energy were added as cosponsors of amend- Chief Financial Officer, and for other demand through improved use of re- ment No. 2065 intended to be proposed purposes. claimed waters, and for other purposes. to H.R. 3058, a bill making appropria- S. 1706 S. 1873 tions for the Departments of Transpor- At the request of Mr. ALLEN, the At the request of Mr. BURR, the name tation, Treasury, and Housing and name of the Senator from Georgia (Mr. of the Senator from North Carolina Urban Development, the Judiciary, ISAKSON) was added as a cosponsor of S. (Mrs. DOLE) was added as a cosponsor District of Columbia, and independent 1706, a bill to amend the Internal Rev- of S. 1873, a bill to prepare and agencies for the fiscal year ending Sep- enue Code of 1986 to provide that dis- strengthen the biodefenses of the tember 30, 2006, and for other purposes. tributions from a section 401(k) plan or United States against deliberate, acci- AMENDMENT NO. 2070 a section 403(b) contract shall not be dental, and natural outbreaks of ill- At the request of Ms. COLLINS, the includible in gross income to the ex- ness, and for other purposes. names of the Senator from North Da- tent used to pay long-term care insur- S. 1880 kota (Mr. DORGAN) and the Senator ance premiums. At the request of Mr. KENNEDY, the from Oregon (Mr. WYDEN) were added S. 1735 names of the Senator from Illinois (Mr. as cosponsors of amendment No. 2070 At the request of Ms. CANTWELL, the DURBIN) and the Senator from Rhode proposed to H.R. 3058, a bill making ap- name of the Senator from South Da- Island (Mr. REED) were added as co- propriations for the Departments of kota (Mr. JOHNSON) was added as a co- sponsors of S. 1880, a bill to amend the Transportation, Treasury, and Housing sponsor of S. 1735, a bill to improve the Public Health Service Act to enhance and Urban Development, the Judiciary, Federal Trade Commissions’s ability to biodefense and pandemic preparedness District of Columbia, and independent protect consumers from price-gouging activities, and for other purposes. agencies for the fiscal year ending Sep- during energy emergencies, and for S. CON. RES. 46 tember 30, 2006, and for other purposes. other purposes. At the request of Mr. BROWNBACK, the AMENDMENT NO. 2072 S. 1740 name of the Senator from South Caro- At the request of Mr. BOND, the name At the request of Mr. CRAPO, the lina (Mr. DEMINT) was added as a co- of the Senator from Washington (Mrs. name of the Senator from New Hamp- sponsor of S. Con. Res. 46, a concurrent MURRAY) was added as a cosponsor of shire (Mr. GREGG) was added as a co- resolution expressing the sense of the amendment No. 2072 proposed to H.R. sponsor of S. 1740, a bill to amend the Congress that the Russian Federation 3058, a bill making appropriations for Internal Revenue Code of 1986 to allow should fully protect the freedoms of all the Departments of Transportation, individuals to defer recognition of rein- religious communities without distinc- Treasury, and Housing and Urban De- vested capital gains distributions from tion, whether registered and unregis- velopment, the Judiciary, District of regulated investment companies. tered, as stipulated by the Russian Columbia, and independent agencies

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11561 for the fiscal year ending September 30, tation or removal of dams; to the Com- Mr. JEFFORDS. Mr. President, today 2006, and for other purposes. mittee on Environment and Public I am pleased to introduce the Military AMENDMENT NO. 2074 Works. Family Support Act of 2005 with my At the request of Mr. SANTORUM, the Mr. KERRY. Mr. President, today I colleague and friend from Wisconsin, name of the Senator from Idaho (Mr. joined Senator KENNEDY, Representa- Senator RUSS FEINGOLD. Our bill will CRAPO) was added as a cosponsor of tive FRANK, Governor Romney and help military families ease the stress amendment No. 2074 intended to be pro- Mayor Robert Nunes on a tour of the caused by long-term absences due to posed to H.R. 3058, a bill making appro- deteriorating dam in Taunton, MA. deployments overseas. priations for the Departments of The dam buckled earlier this week I was contacted a few months back Transportation, Treasury, and Housing under the pressure of heavy rain. Since by a group of Vermonters looking for a and Urban Development, the Judiciary, the beginning of this month, Taunton way to help their coworkers with fam- District of Columbia, and independent has received 111⁄2 inches of rain, with ily in the Vermont National Guard. agencies for the fiscal year ending Sep- more than 7 inches of that from Friday When a member of the armed forces is tember 30, 2006, and for other purposes. through Sunday. activated and deployed, family struc- AMENDMENT NO. 2075 As of this morning, the city remained tures and daily functioning are se- At the request of Mr. FRIST, the under a state of emergency and there verely affected. The day-to-day life of names of the Senator from North Caro- was still a significant amount of water families is, in many cases, more than a lina (Mrs. DOLE), the Senator from behind the Whittenton Pond Dam on one-person job. Any absence, especially Michigan (Ms. STABENOW) and the Sen- the Mill River. In speaking with local absences of several months due to a de- ator from New York (Mrs. CLINTON) officials, they expressed fear that a ployment overseas, can be debilitating were added as cosponsors of amend- major break in the dam could send 6 to family life. The stories of soldiers ment No. 2075 intended to be proposed feet of water surging through down- and their families from Enosburg Falls, to H.R. 3058, a bill making appropria- town Taunton, flooding businesses and VT, were told very poignantly in a tions for the Departments of Transpor- destroying homes. piece reported by the Los Angeles tation, Treasury, and Housing and For now, the situation is under con- Times. Enosburg and neighboring com- Urban Development, the Judiciary, trol but still extremely volatile. It ap- munities have contributed a dispropor- District of Columbia, and independent pears we may have gotten lucky—but tionately high number of National agencies for the fiscal year ending Sep- just because the waters are receding Guard troops to Operation Iraqi Free- tember 30, 2006, and for other purposes. doesn’t mean our work is through. dom. Because of this, Enosburg’s men Doing everything possible means the AMENDMENT NO. 2077 and women have felt the pains of sepa- Federal Government has to give may- At the request of Mr. REED, the ration and long deployments more than names of the Senator from Connecticut ors and governors every tool they need most. Enosburg and surrounding towns to protect their communities. (Mr. DODD), the Senator from Illinois and villages should be proud of the sac- Today, the Army Corps of Engineers (Mr. OBAMA), the Senator from Rhode rifices made by their men and women can help in Taunton only because it’s Island (Mr. CHAFEE) and the Senator in uniform and by those employers and an emergency—and everyone who has from Maryland (Mr. SARBANES) were family members who remained at been praying that the dam doesn’t added as cosponsors of amendment No. home. Vermont is a place where neigh- break knows just what an emergency 2077 proposed to H.R. 3058, a bill mak- this has been. But according to the bors help neighbors and I am proud of ing appropriations for the Departments law, it’s only at that point of no return all the people throughout the state of Transportation, Treasury, and Hous- that the Corps can step in. The Army who have given so much support to ing and Urban Development, the Judi- Corps of Engineers has no authority to Guard families. ciary, District of Columbia, and inde- The Military Family Support Act of try to prevent a situation like this. Be- pendent agencies for the fiscal year 2005 is a straightforward bill that pro- fore the water came pouring through ending September 30, 2006, and for poses two pilot programs. The first and 2,000 people were evacuated from other purposes. pilot program, administered by the Of- their homes, the Corps was powerless AMENDMENT NO. 2078 to fix this dam. fice of Personnel Management, OPM, At the request of Mr. DORGAN, the But it’s not just on the Mill River— would authorize Federal employees, names of the Senator from Minnesota we have 3,000 privately-owned dams in who have been designated by a member (Mr. DAYTON) and the Senator from Il- Massachusetts. The Army Corps of En- of the Armed Forces as ‘‘caregivers’’, linois (Mr. DURBIN) were added as co- gineers shouldn’t be handcuffed by bu- as defined by the Department of De- sponsors of amendment No. 2078 pro- reaucratic red tape until we reach the fense, DOD, to use their leave in a posed to H.R. 3058, a bill making appro- point of a make-it-or-break-it crisis. If more flexible manner. No new leave priations for the Departments of Hurricane Katrina taught us anything, would be conferred to any employees. Transportation, Treasury, and Housing it’s that we can’t let bureaucracy get This bill simply makes leave already and Urban Development, the Judiciary, in the way of preventing a pending dis- available more useful during stressful District of Columbia, and independent aster or responding to a looming times for military families. The second agencies for the fiscal year ending Sep- threat. pilot program would be established by tember 30, 2006, and for other purposes. For that reason, I am introducing a the Department of Labor, DOL, to so- AMENDMENT NO. 2108 bill to give the Army Corps of Engi- licit businesses to voluntarily take At the request of Mr. VOINOVICH, the neers the ability to intervene to repair part in a program to offer more accom- name of the Senator from Ohio (Mr. privately-owned dams for the sake of modating leave to their employees. DEWINE) was added as a cosponsor of public safety. That way, the Corps can This bill does not include in its scope amendment No. 2108 intended to be pro- help in the kind of effort Governor the Family Medical Leave Act, FMLA, posed to H.R. 3058, a bill making appro- Romney is now undertaking to inspect and it does not require any private sec- priations for the Departments of and strengthen dams across the State. tor entity to participate. The goal of Transportation, Treasury, and Housing Senator KENNEDY is co-sponsoring this the Military Family Support Act is to and Urban Development, the Judiciary, bill, and we will work together to make make life a little easier for those who District of Columbia, and independent it law. are already giving so much to our agencies for the fiscal year ending Sep- country and to their communities. tember 30, 2006, and for other purposes. By Mr. JEFFORDS (for himself I ask unanimous consent that a May f and Mr. FEINGOLD): 2, 2005, article from the Los Angeles S. 1888. A bill to provide for 2 pro- Times be printed in the RECORD. I also STATEMENTS ON INTRODUCED grams to authorize the use of leave by ask unanimous consent that the text of BILLS AND JOINT RESOLUTIONS caregivers for family members of cer- the Military Family Support Act of By Mr. KERRY (for himself, Mr. tain individuals performing military 2005 be printed in RECORD. KENNEDY, and Mr. JEFFORDS): service, and for other purposes; to the There being no objection, the mate- S. 1887. A bill to authorize the con- Committee on Homeland Security and rials were printed in the RECORD, as duct of small projects for the rehabili- Governmental Affairs. follows:

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11562 CONGRESSIONAL RECORD — SENATE October 19, 2005 [From the Los Angeles Times, May 2, 2005] Adamczak’s son, Mike, 33, was among the Still, West said: ‘‘The town seems sadder A TOWN CALLED TO DUTY plant workers deployed. because everybody talks about the guys who Like the town, the father remains stoic. are gone. Everyone here went to school with (By Elizabeth Mehren) ‘‘We’re Vermonters,’’ Adamczak said. ‘‘We’re somebody in the Guard. Everybody knows FOR A RURAL VERMONT COMMUNITY, THE CON- not the great vocal communicators. This is someone. Everyone is connected, somehow, FLICT IN IRAQ HITS HOME. WITH ITS GUARDS- something you think about, something you to someone who is over there.’’ MEN DEPLOYED, LOCALS BAND TOGETHER TO feel every day—but something you don’t say As their fathers and grandfathers did, COVER THEIR ABSENCE anything about.’’ many young people here enlist in the mili- For four years, Matt Tracy spent his days Quietly, neighbors pitch in to help the tary straight out of high school. When they pumping gas and repairing car engines at families of those who have left. Donna return home, they often join the Guard— Mark LaRose’s Texaco on Main Street. At Magnant, a first-grade teacher’s aide whose signing up for extra income, and for an op- night, the 33-year-old father of two studied husband, Raymond, and son Jon were de- portunity to continue to serve. law. He fended off frequent entreaties from ployed, said the snow on her driveway and Edward Grossman, principal of Enosburg military recruiters and held fast to his walkway seemed to magically disappear all Falls High School, said support for the mili- dream of becoming a litigator. winter, as friends dropped by to shovel and tary effort was so strong that when he sur- Then in December, LaRose was called up plow. veyed his 375 students about starting an for active duty, along with the entire Na- The Magnants were engaged to be married ROTC program, half said they wanted one. tional Guard unit in this remote, rural town when Raymond went to Vietnam with the The program will begin in the fall. of 1,473. The deployment of 88 men in Com- Army almost 40 years ago, right out of high When Bravo Company was deployed from pany B, 1st Battalion, 172nd Armor Regi- school. Both have lived in Enosburg Falls St. Albans in December, the students pressed ment, 42nd Infantry Division—better known their entire lives. so hard to see the ceremony that Grossman as Bravo Company—has touched just about ‘‘Neither one of us, I am sure, thought we arranged for a live broadcast in the school everyone in the area. would have to face something like this auditorium. As cameras panned on the unit, For Tracy, it meant his plans to exchange again,’’ said Magnant, 58. Grossman, 55, heard squeals of recognition: his wrench for an attache case went on hold. All 63 assigned members of Bravo Company ‘‘There’s my cousin!’’ ‘‘There’s my brother!’’ ‘‘Right now I am just going to be a well- are in Iraq. Of the 25 support soldiers at- ‘‘There’s my dad!’’ educated mechanic,’’ he said, his voice de- tached to the unit, most are training at void of any emotion beyond simple resigna- Camp Shelby, Miss., and will head to the Enosburg Falls nestles in low hills in tion. ‘‘There is a point where you just have Middle East soon; a handful found they had northwestern Vermont, 10 miles from the Ca- to accept it. What Mark has to do over there medical conditions that prevented them nadian border. Most of the town was built in is much worse and much more of a sacrifice from serving overseas. The unit is scheduled the 19th century, starting when the first than whatever I have to give up here.’’ to be gone for 18 months. Though women dairy farm was settled in 1806. In a quarter- Two years into the war, many Americans have belonged to the unit in the past, Bravo mile commercial district, Radio Shack and have become numb to the conflict in Iraq. Company is all male at this time. the Family Dollar store stand out as fran- Though the war is a nightly news event, it is Bravo Company joined about 1,400 other chises among locally owned enterprises like far away and is beyond any individual’s con- members of the Vermont Guard who had Leon’s Kitchen. trol. But in this small Vermont town, the been called up in recent months, nearly half There is almost 100% employment. Three- war could not be more personal. the state’s roster—making Vermont second quarters of the population graduates from Town meetings now take place without Se- only to Hawaii in the per capita call-up of high school, going on to earn an average an- lectman Brian Westcom, who also is the road guardsmen. The Hawaiian units, however, in- nual income of $32,000. They are laborers at commissioner. Chris Beaudry, who works for clude people from other states. The Vermont the feed company and a pulp mill. They drive the state highway department, was not guardsmen come from their home state. trucks. They are mechanics, cashiers and of- around to clear the roads during an espe- The average age of the men deployed from fice workers. Many work on dairy farms. cially snowy winter. Firefighter Shawn Bravo Company is 40, but some are old Some have jobs at an IBM plant 45 minutes Blake is gone along with LaRose, the service enough to have grandchildren. At least a away. station owner who also is the volunteer fire third have served in the Guard for 20 years or Enosburg Falls is surrounded by villages, chief. more. bringing the population of the region resi- Dennis Sheridan will not be coaching soc- Answering the call of their country is dents refer to as Enosburg to about 2,500. cer at the junior high his son Tyler attends, something people in Enosburg Falls do, not The area’s uncommon stability has helped and the school does not know who will re- something they question. If there is opposi- it withstand the loss of the guardsmen. But place him. Jimmy Gleason, a school bus driv- tion to the war, people keep it to themselves, there are signs everywhere that the men are er who also maintained the fleet, is absent. deferring to the prevailing sentiment of pa- not forgotten. The hunter safety class held twice a year by triotism. Yellow ribbons cling to door knockers, Eric Chates—who also works as the me- ‘‘Most people around here would go if they lampposts and bay windows. Nine houses on chanic for the Enosburg Armory—has been were asked,’’ said Steve Tracy, who works at Duffy Hill, a 11⁄2-mile road, are draped with canceled. Blue Seal Feeds. ‘‘Basically, it is how we blue-star banners, indicating a soldier on ac- Each day brings new evidence of the men’s were brought up.’’ tive duty. A nearby trailer boasts a sign: absence: Wives attend social functions alone. Tracy, 55—no relation to Matt Tracy—has ‘‘Gone to Iraq, Be Back in 18 Months.’’ Children send sports scores by e-mail to fa- five family members in the Guard: two sons, Jars filled with pennies, nickels and dimes thers who never missed a game until now. a nephew, a son-in-law and a brother-in-law. sit on office counters. The coins pay for post- Elderly parents arrange rides to doctors’ ap- ‘‘It has just become our community’s price age to send goodie boxes to the guardsmen. pointments because their sons are not there for the way we live,’’ said Adamczak, his Cars and pickups sport magnets honoring to drive them. boss. ‘‘If you look at it any other way, you Bravo Company. A busy local restaurant, the Businesses are stretched thin. Matt Tracy are kidding yourself. Nobody is going to pro- Abbey, offers 50% discounts to Guard fami- says his workload at LaRose Texaco has tri- tect our lifestyle if we don’t do it. This is a lies. pled. Tammie Randall, hired strictly to necessary, continuing commitment.’’ Every other Saturday, Lise Gates, 50, turns pump gas, keeps the books, handles the pay- As teller Jeannie West cashes paychecks her arcade and bowling alley over to children roll and washes the service vehicles. and processes mortgage payments at Mer- of the guardsmen so their mothers can have Five of the 98 employees at Blue Seal chants Bank on Main Street, she glances at a break. Gates, who has no relatives in Bravo Feeds are gone. An electric candle glows in a snapshot thumbtacked to her work station. Company, e-mails photographs of the kids at their honor at the main entrance to the It shows four men in camouflage—all family play to their dads. grain and animal feed company, and five members who have been called up. The last enormous yellow ribbons hang from a six- to be summoned was her son Joshua, 22, who They thank her and she wonders why. story silo. left college in nearby Burlington when he ‘‘Why thank me, when they’re the ones ‘‘Everyone is working extra hard, and we was sent to Iraq in January. putting their lives on the line so we can be have gone to a temp agency to try to fill the West, 49, considers it an honor when cus- safe?’’ Gates said. ‘‘I think a majority of vacancies,’’ said plant manager Paul tomers ask about her son, and tell her they them wanted to go because they felt if they Adamczak. ‘‘It affects us because we have are proud that a boy from Enosburg Falls is didn’t, a war was going to happen right here. lost people with years of experience. You representing the United States in Iraq. A lot of us here feel that way.’’ can’t replace that. We have lost skill, not ‘‘I could not imagine living somewhere The elementary school started its own sup- just employees.’’ where people did not feel like this,’’ she said. port group for Guard children.

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An English teacher at Enosburg Falls High (i) is an employee; (1) DEFINITIONS.— assigned her students to write an essay com- (ii) is at least 21 years of age; and (A) CAREGIVER.—The term ‘‘caregiver’’ paring a recent graduate—who has served (iii) is capable of self care and care of chil- means an individual who— twice in Iraq—to Beowulf, a great Scandina- dren or other dependent family members of a (i) is an employee; vian warrior from the 6th century. The grad- qualified member of the Armed Forces. (ii) is at least 21 years of age; and uate, Ben Pathode, has two brothers at the (B) COVERED PERIOD OF SERVICE.—The term (iii) is capable of self care and care of chil- school. ‘‘covered period of service’’ means any period dren or other dependent family members of a School secretary Debbie Shover’s 22-year- of service performed by an employee as a qualified member of the Armed Forces. old nephew is in Iraq. Shover, 50, said that caregiver while the individual who des- (B) COVERED PERIOD OF SERVICE.—The term since the guardsmen shipped out towns- ignated the caregiver under paragraph (3) re- ‘‘covered period of service’’ means any period people thought in terms of days, not months mains a qualified member of the Armed of service performed by an employee as a or years. Forces. caregiver while the individual who des- (C) EMPLOYEE.—The term ‘‘employee’’ has Enosburg Falls, she said, has unofficially ignated the caregiver under paragraph (4) re- the meaning given under section 6331 of title adopted a new way of telling time. ‘‘Now, mains a qualified member of the Armed 5, United States Code. today, another day we can mark off. And Forces. (D) FAMILY MEMBER.—The term ‘‘family then, when they come home. Nothing in be- (C) EMPLOYEE.—The term ‘‘employee’’ member’’ includes— tween.’’ (i) individuals for whom the qualified means an employee of a business entity par- When a fire broke out on Main Street one member of the Armed Forces provides med- ticipating in the program under this sub- cold night in February, the guardsmen’s ab- ical, financial, and logistical support (such section. sence seemed more glaring than usual. The as housing, food, clothing, or transpor- (D) FAMILY MEMBER.—The term ‘‘family blaze demolished an entire block of eight tation); and member’’ includes— apartments and five businesses—among (ii) children under the age of 19 years, el- (i) individuals for whom the qualified them, a furniture company. derly adults, persons with disabilities, and member of the Armed Forces provides med- Firefighters converged from as far as Que- other persons who are unable to care for ical, financial, and logistical support (such bec. But LaRose, the volunteer fire captain, themselves in the absence of the qualified as housing, food, clothing, or transpor- was missing. LaRose, 49, Bravo Company’s member of the Armed Forces. tation); and command sergeant major, is known for his (E) QUALIFIED MEMBER OF THE ARMED (ii) children under the age of 19 years, el- ability to take charge in an emergency. He FORCES.—The term ‘‘qualified member of the derly adults, persons with disabilities, and joined the Guard almost 30 years ago. Armed Forces’’ means— other persons who are unable to care for ‘‘We put the fire out,’’ said Town Adminis- (i) a member of a reserve component of the themselves in the absence of the qualified trator Harold Foote. ‘‘But we really missed Armed Forces as described under section member of the Armed Forces. him.’’ 10101 of title 10, United States Code, who has (E) QUALIFIED MEMBER OF THE ARMED Foote, 49, said he was worried about what received notice to report to, or is serving on, FORCES.—The term ‘‘qualified member of the would happen when the spring floods started. active duty in the Armed Forces in support Armed Forces’’ means— In the past, the Guard unit stacked sandbags of a contingency operation as defined under (i) a member of a reserve component of the to halt onrushing waters. The June Dairy section 101(a)(13) of title 10, United States Armed Forces as described under section Festival—the town’s biggest event of the Code; or 10101 of title 10, United States Code, who has year—also concerns him, because guardsmen (ii) a member of the Armed Forces on ac- received notice to report to, or is serving on, traditionally manage the crowds and traffic. tive duty who is eligible for hostile fire or active duty in the Armed Forces in support ‘‘It sounds like small things, but it really imminent danger special pay under section of a contingency operation as defined under confuses a community when you are used to 310 of title 37, United States Code. section 101(a)(13) of title 10, United States relying on a group of guys like this,’’ Foote (2) ESTABLISHMENT OF PROGRAM.—The Of- Code; or said. ‘‘And we haven’t gone through a whole fice of Personnel Management shall establish (ii) a member of the Armed Forces on ac- year’s cycle yet.’’ a program to authorize a caregiver to— tive duty who is eligible for hostile fire or LaRose’s gas station, with its big red Tex- (A) use any sick leave of that caregiver imminent danger special pay under section aco star sign, is a local landmark—the only during a covered period of service in the 310 of title 37, United States Code. service station for miles where customers same manner and to the same extent as an- (2) ESTABLISHMENT OF PROGRAM.— can still get their gas pumped and their nual leave is used; and (A) IN GENERAL.—The Secretary of Labor windshields cleaned without getting out of (B) use any leave available to that care- shall establish a program to authorize em- their cars. giver under subchapter III or IV of chapter 63 ployees of business entities described under ‘‘Mark kept it like that, religiously,’’ Matt of title 5, United States Code, during a cov- paragraph (3) to use sick leave, or any other ered period of service as though that covered Tracy said. He has vowed to maintain his leave available to an employee, during a cov- period of service is a medical emergency. boss’ high service standards: ‘‘It is our re- ered period of service in the same manner (3) DESIGNATION OF CAREGIVER.— sponsibility to keep it like that until he gets and to the same extent as annual leave (or (A) IN GENERAL.—A qualified member of back.’’ its equivalent) is used. Tracy said he and his boss used to confer the Armed Forces shall submit a written des- (B) EXCEPTION.—Subparagraph (A) shall ignation of the individual who is the care- on minor problems and emergencies alike. not apply to leave made available under the Now he has no one to turn to. ‘‘Mark was a giver for any family member of that member of the Armed Forces during a covered period Family and Medical Leave Act of 1993 (29 leader,’’ he said, ‘‘not just with the National U.S.C. 2601 et seq.). Guard or the fire department. He was my of service to the employing agency and the Office of Personnel Management. (3) VOLUNTARY BUSINESS PARTICIPATION.— leader too.’’ The Secretary of Labor shall solicit business As he tries to make the right decisions, (B) DESIGNATION OF SPOUSE.—Notwith- standing paragraph (1)(A)(ii), an individual entities to voluntarily participate in the pro- Tracy asks himself: What would Mark do? gram under this subsection. Until now, Tracy said, he never realized less than 21 years of age may be designated (4) DESIGNATION OF CAREGIVER.— how one man’s absence could make such a as a caregiver if that individual is the spouse (A) IN GENERAL.—A qualified member of difference. of the qualified member of the Armed Forces making the designation. the Armed Forces shall submit a written des- S. 1888 (4) USE OF CAREGIVER LEAVE.—Leave may ignation of the individual who is the care- Be it enacted by the Senate and House of Rep- only be used under this subsection for pur- giver for any family member of that member resentatives of the United States of America in poses directly relating to, or resulting from, of the Armed Forces during a covered period Congress assembled, the designation of an employee as a care- of service to the employing business entity. SECTION 1. SHORT TITLE. giver. (B) DESIGNATION OF SPOUSE.—Notwith- This Act may be cited as the ‘‘Military (5) REGULATIONS.—Not later than 120 days standing paragraph (1)(A)(ii), an individual Family Support Act of 2005’’. after the date of enactment of this Act, the less than 21 years of age may be designated SEC. 2. PROGRAMS FOR USE OF LEAVE BY CARE- Office of Personnel Management shall pre- as a caregiver if that individual is the spouse GIVERS FOR FAMILY MEMBERS OF scribe regulations to carry out this sub- of the qualified member of the Armed Forces INDIVIDUALS PERFORMING CER- section. making the designation. TAIN MILITARY SERVICE. (6) TERMINATION.—The program under this (5) USE OF CAREGIVER LEAVE.—Leave may (a) FEDERAL EMPLOYEES PROGRAM.— subsection shall terminate on December 31, only be used under this subsection for pur- (1) DEFINITIONS.—In this subsection: 2007. poses directly relating to, or resulting from, (A) CAREGIVER.—The term ‘‘caregiver’’ (b) VOLUNTARY PRIVATE SECTOR LEAVE the designation of an employee as a care- means an individual who— PROGRAM.— giver.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11564 CONGRESSIONAL RECORD — SENATE October 19, 2005 (6) REGULATIONS.—Not later than 120 days caregivers and that these pilot pro- resent a 42 trillion dollar unfunded after the date of enactment of this Act, the grams could then be expanded to the commitment are on a trajectory that Secretary of Labor shall prescribe regula- designated caregivers of additional de- cannot be sustained. The Social Secu- tions to carry out this subsection. ployed military personnel. rity Trust Fund faces a four trillion (7) TERMINATION.—The program under this subsection shall terminate on December 31, This legislation builds on a measure dollar unfunded commitment and will 2007. that I introduced earlier this year, S. pay out more money than it takes in (c) GAO REPORT.—Not later than June 30, 798, the Military Families Leave Act. beginning in 2017; it will be exhausted 2007, the Government Accountability Office This bill would provide a similar ben- in 2041. The Medicare Part A Trust shall submit a report to Congress on the pro- efit to military families by allowing el- Fund, hospital insurance, faces an 8.6 grams under subsections (a) and (b) that in- igible employees whose spouses, par- trillion dollar unfunded commitment cludes— ents, sons, or daughters are military and will be exhausted even sooner in (1) an evaluation of the success of each pro- gram; and personnel who are serving on or called 2020. The remainder of the 42 trillion (2) recommendations for the continuance to active duty in support of a contin- dollar unfunded commitment includes or termination of each program. gency operation to use their Family 12.4 trillion dollars for Medicare Part Mr. FEINGOLD. Mr. President, today and Medical Leave Act, FMLA, bene- B, supplementary medical insurance; I am pleased to join with the Senator fits for issues directly relating to or re- 8.7 trillion dollars for Medicare Part D, from Vermont, Mr. JEFFORDS, in intro- sulting from that deployment. These prescription drugs; and 8.4 trillion dol- ducing legislation that would bring a instances could include preparation for lars for Medicaid. small measure of relief to the families deployment or additional responsibil- We have no idea where we are going of our men and women in uniform as ities that family members take on as a to get the money to pay for these com- they seek to maintain a sense of nor- result of a loved one’s deployment, mitments. We must deal with these malcy here at home while their loved such as child care. I also introduced challenges today while we still have ones are deployed in service to our this bill during the 108th Congress. options so that our children will not be country. Our ongoing large-scale de- Let me be clear, that the legislation severely burdened with paying for huge ployments in Iraq continue to demand we are introducing today does not entitlement commitments when they so much from our men and women in amend the FMLA in any way. In fact, are competing in a far more competi- uniform and their families. Passing FMLA benefits are specifically exempt- tive world than exists today. To leave this measure is the least we can do. ed from the types of leave that can be future generations in this predicament As part of the pre-deployment proc- used by designated caregivers for pur- would be an irresponsible and colossal ess, military personnel with dependent poses directly related to or resulting failure of our generation. children or other dependent family from their caregiver responsibilities. Eight members will sit on the Com- members, such as elderly parents who While I believe that the FMLA could mission established in my legislation. require care, designate a caregiver for serve as the basis for providing addi- The House Speaker, House Minority their dependents. This person will act tional leave opportunities for des- Leader, Senate Majority Leader and in the deployed personnel’s place to ignated caregivers, opposition in some Senate Minority Leader will each ap- provide care for these family members quarters to the original FMLA makes point two members. Members cannot during the period of deployment. The this a difficult proposition. I am proud be elected officials. The Commission caregiver could be a spouse, parent, to have been a cosponsor of this land- will select two Co-Chairmen from sibling, or other responsible adult who mark law, and I believe that the FMLA among its members and hire an Execu- is capable of caring for, and willing to continues to provide much-needed as- tive Director. care for, the dependents in question. sistance to millions of workers around The Commission must submit its The bill that we are introducing the country as they seek to care for today, the Military Family Support final report to the President and Con- their own serious health condition or gress one year after the selection of the Act, would create two programs to pro- that of a family member or as they vide additional leave options for per- two Co-Chairmen of the Commission welcome the birth or adoption of a and the Executive Director. Congress sons who have been designated as care- child. I will continue to support this givers. The first program would require will hold Committee hearings to review law and efforts to ensure that the vital the Commission’s recommendations. the Office of Personnel Management, benefits that it provides are not erod- OPM, to create a program under which The bill authorizes 1.5 million dollars ed. to carry out the Commission’s tasks. Federal employees who are designated I thank the Senator from Vermont, In March 2005, Federal Reserve Chair- as caregivers could use accrued annual Mr. JEFFORDS, for his work on this im- or sick leave, leave bank benefits, and portant measure, and I urge all of our man Alan Greenspan urged Congress to other leave available to them under colleagues to support it. act on modernizing entitlement pro- Title 5 for purposes directly relating to grams, ‘‘sooner rather than later.’’ He or resulting from their designation as a By Mr. HAGEL: warned that unless we act now to meet caregiver. S. 1889. A bill to establish the Com- the huge unfunded commitments of our This bill would also require the Sec- prehensive Entitlement Reform Com- entitlement programs, there will be retary of Labor to establish a vol- mission; to the Committee on Finance. significant economic consequences for untary program under which private Mr. HAGEL. Mr. President, today I our nation. Dealing with this problem sector companies would create similar introduce legislation to create a bi-par- now means facing less dramatic and programs for their employees and to tisan Entitlement Reform Commission. difficult choices down the road. The solicit participation from private sec- The Commission will review America’s earlier we confront this reality, the tor companies. I commend the many three major entitlement programs, So- more options we will have to pursue a employers around the country for their cial Security, Medicare and Medicaid, wise and sustainable course of action. understanding and support when an and make comprehensive recommenda- I am 59 years old. I am at the front employee or a family member of an tions to Congress and the President end of the ‘‘baby boom’’ generation. My employee is called to active duty, and that would sustain the solvency and daughter is 15 years old and my son is I hope that companies in Wisconsin and stability of these three programs for 13 years old. I don’t want to fail their around the country will participate in future generations. Representative generation. That means addressing this voluntary program. JOHN TANNER, D–TN, has joined me by these entitlement programs now while In addition, our bill would require introducing this legislation in the we have time to do it in a responsible the Government Accountability Office House of Representatives. way. This is a defining debate for to- to report to Congress with an evalua- Social Security, Medicare and Med- day’s leaders. Doing nothing is irre- tion of both the OPM program and the icaid have played a vital role for mil- sponsible and cowardly. It is in every voluntary Department of Labor pro- lions of Americans to cope with the fi- American’s interest to deal with this gram. It is my hope that this evalua- nancial burdens of retirement and challenge now. We have it in us to do tion will demonstrate the utility of health care costs. However, over the what needs to be done. I invite my col- such a leave program for designated next 75 years these three programs rep- leagues to cosponsor this legislation.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11565 By Mr. BAUCUS (for himself, Mr. The legislation introduced today DENIAL OF DEDUCTION FOR CERTAIN FINES, GRASSLEY, and Mr. MCCAIN): modifies the rules regarding the deter- PENALTIES, AND OTHER AMOUNTS S. 1890. A bill to amend the Internal mination of whether payments are non- PRESENT LAW Revenue Code of 1986 to deny a deduc- deductible payments of fines or pen- Under present law, no deduction is allowed tion for certain fines, penalties, and alties under section 162(f). In par- as a trade or business expense under section other amounts; to the Committee on ticular, the bill generally provides that 162(a) for the payment of a fine or similar penalty to a government for the violation of Finance. amounts paid or incurred whether by Mr. BAUCUS. Mr. President, today any law (sec. 162(f)). The enactment of sec- suit, agreement, or otherwise, to, or at tion 162(f) in 1969 codified existing case law my good friends Senators GRASSLEY the direction of, a government in rela- that denied the deductibility of fines as ordi- and MCCAIN and I are introducing the tion to the violation of any law or the nary and necessary business expenses on the ‘‘Government Settlement Trans- investigation or inquiry in the poten- grounds that ‘‘allowance of the deduction parency Act of 2005’’, a bill that will tial violation of any law are non- would frustrate sharply defined national or put a stop to tax deductions for fines deductible. The bill applies to deny a State policies proscribing the particular types of conduct evidenced by some govern- and penalties paid by companies to deduction for any such payments, in- government agencies in connection mental declaration thereof.’’ cluding those where there is no admis- Treasury regulation section 1.162–21(b)(1) with civil settlements. Over the past sion of guilt or liability and those provides that a fine or similar penalty in- several years, we have become increas- made for the purpose of avoiding fur- cludes an amount: (1) Paid pursuant to con- ingly concerned about the approval of ther investigation or litigation. viction or a plea of guilty or nolo contendere various settlements that allow penalty An exception applies to payments for a crime (felony or misdemeanor) in a payments made to the government in criminal proceeding; (2) paid as a civil pen- that the taxpayer establishes are ei- alty imposed by Federal, State, or local law, settlement of a violation or potential ther restitution, including remediation violation of the law to be tax deduct- including additions to tax and additional of property, or amounts required to amounts and assessable penalties imposed by ible. Our concerns were heightened this come into compliance with any law chapter 68 of the Code; (3) paid in settlement week upon the release of a Government that was violated, and that are so iden- of the taxpayer’s actual or potential liability Accountability Office Report that con- tified in the settlement agreement. It for a fine or penalty (civil or criminal); or (4) firmed many companies deduct these is intended that a payment will be forfeited as collateral posted in connection settlements notwithstanding the tax with a proceeding which could result in im- treated as restitution only if the pay- position of such a fine or penalty. Treasury code’s prohibition against deducting ment is required to be paid to the spe- fines and penalties. This abuse shifts regulation section 1.162–21(b)(2) provides, cific persons, or in relation to the spe- among other things, that compensatory the tax burden from the wrongdoer cific property, actually harmed by the damages (including damages under section onto the backs of the American people. conduct of the taxpayer that resulted 4A of the Clayton Act (15 U.S.C. 15a), as This is unacceptable. in the payment. Restitution does not amended) paid to a government do not con- Many government agencies enter include reimbursement of government stitute a fine or penalty. into these settlement agreements after investigative or litigation costs, or REASONS FOR CHANEE investigating companies for violations payments to whistleblowers. It is in- There is a lack of clarity and consistency of the law. Every year thousands of tended that a payment will be treated under present law regarding when taxpayers violations are resolved with settle- may deduct payments made in settlement of as an amount required to come into ments totaling tens of billions of dol- government investigations of potential compliance only if it directly corrects lars paid to the Federal Government. wrongdoing, as well as in situations where a violation with respect to a particular Civil settlements serve to punish past there has been a final determination of requirement of law that was under in- wrongdoing. If a taxpayer deducts payments wrongdoing and to deter future wrong- vestigation. Amounts paid to educate made in settlement of an investigation of po- doing without protracted court pro- consumers or customers about the tential wrongdoing or as a result of a finding ceedings. For example, in the past sev- risks of doing business with the tax- of wrongdoing, the publicly announced eral years settlements of various SEC payer or about the field in which the amount of the settlement payment does not investigations into violations or poten- reflect the true after-tax penalty on the tax- taxpayer generally does business, and tial violations of the securities laws payer. Allowing a deduction for such pay- which are not specifically required have been front and center in the news. ments in effect shifts a portion of the pen- under the law, are not deductible if re- Through civil investigations, Federal alty to the Federal government and to the quired under a settlement agreement. public. and State regulators are working hard DESCRIPTION OF PROPOSAL to hold these firms responsible for To ensure that companies do not their actions. With these efforts to take unallowable tax deductions for The bill modifies the rules regarding the settlement payments, the bill requires determination whether payments are non- achieve greater accountability in the deductible payments of fines or penalties business community and ensure the in- government agencies to report to the IRS and to the taxpayer within thirty under section 162(f). In particular, the bill tegrity of our financial markets, it is generally provides that amounts paid or in- days of the settlement the amount of important that the rules governing the curred (whether by suit, agreement, or oth- appropriate tax treatment of settle- each settlement agreement, and to erwise) to, or at the direction of, a govern- ments be clear and adhered to by tax- identify whether the payment is for ment in relation to the violation of any law payers. fines, restitution, remediation or com- or the investigation or inquiry into the po- Section 162(f) of the Internal Revenue pliance, where the aggregate amount of tential violation of any law are nondeduct- the settlement is at least six hundred ible under any provision of the income tax Code provides that no deduction is al- provisions. The bill applies to deny a deduc- lowed as a trade or business expense dollars, the Secretary of the Treasury will have the authority to adjust the tion for any such payments, including those under section 162(a) for the payment of where there is no admission of guilt or liabil- a fine or penalty to a government for amount and deadline for filing. Fur- ity and those made for the purpose of avoid- violation of any law. The enactment of ther, the IRS is encouraged to require ing further investigation or litigation. An section 162(f) in 1969 codified existing taxpayers to separately identify such exception applies to payments that the tax- case law that denied the deductibility settlements on their tax returns. payer establishes are either restitution (in- of fines and penalties as ordinary and The bill would be effective for cluding remediation of property), or amounts required to come into compliance with any necessary business expenses on the amounts paid or incurred on or after the date of enactment unless the law that was violated or involved in the in- grounds that ‘‘allowance of the deduc- vestigation or inquiry, and that are identi- tion would frustrate sharply defined amounts were under binding order or fied in the court order or settlement as res- national or state policies proscribing agreement before such date. titution, remediation, or required to come the particular types of conduct evi- I ask unanimous consent that the into compliance. The IRS remains free to denced by some governmental declara- Joint Committee on Taxation Tech- challenge the characterization of an amount tion thereof.’’ Treasury regulations nical Description and the text of the so identified; however, no deduction is al- provide that a fine or penalty includes bill be printed in the RECORD. lowed unless the identification is made. An exception also applies to any amount an amount paid in settlement of the There being no objection, the mate- paid or incurred as taxes due. taxpayer’s actual or potential liability rials were ordered to be printed in the The bill is intended to apply only where a for a fine or penalty. RECORD, as follows: government (or other entity treated in a

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11566 CONGRESSIONAL RECORD — SENATE October 19, 2005 manner similar to a government under the is required under the bill, including separate ‘‘(B) is identified as restitution or as an amendment) is a complainant or investi- identification of the nondeductible amount amount paid to come into compliance with gator with respect to the violation or poten- and of any amount deductible as restitution, the law, as the case may be, in the court tial violation of any law. remediation, or required to correct non- order or settlement agreement. It is intended that a payment will be treat- compliance. Identification pursuant to subparagraph (B) ed as restitution (including remediation of Amounts paid or incurred (whether by suit, alone shall not satisfy the requirement property) only if substantially all of the pay- agreement, or otherwise) to, or at the direc- under subparagraph (A). This paragraph ment is required to be paid to the specific tion of, any self-regulatory entity that regu- shall not apply to any amount paid or in- persons, or in relation to the specific prop- lates a financial market or other market curred as reimbursement to the government erty, actually harmed by the conduct of the that is a qualified board or exchange under or entity for the costs of any investigation taxpayer that resulted in the payment. Thus, section 1256(g)(7), and that is authorized to or litigation. a payment to or with respect to a class sub- impose sanctions (e.g., the National Associa- ‘‘(3) EXCEPTION FOR AMOUNTS PAID OR IN- stantially broader than the specific persons tion of Securities Dealers) are likewise sub- CURRED AS THE RESULT OF CERTAIN COURT OR- or property that were actually harmed (e.g., ject to the provision if paid in relation to a DERS.—Paragraph (1) shall not apply to any to a class including similarly situated per- violation, or investigation or inquiry into a amount paid or incurred by order of a court sons or property) does not qualify as restitu- potential violation, of any law (or any rule in a suit in which no government or entity tion or included remediation of property. or other requirement of such entity). To the described in paragraph (4) is a party. Restitution and included remediation of extent provided in regulations, amounts paid ‘‘(4) CERTAIN NONGOVERNMENTAL REGU- property is limited to the amount that bears or incurred to, or at the direction of, any LATORY ENTITIES.—An entity is described in a substantial quantitative relationship to other nongovernmental entity that exercises this paragraph if it is— the harm caused by the past conduct or ac- self-regulatory powers as part of performing ‘‘(A) a nongovernmental entity which exer- tions of the taxpayer that resulted in the an essential governmental function are simi- cises self-regulatory powers (including im- payment in question. If the party harmed is larly subject to the provision. The exception posing sanctions) in connection with a quali- a government or other entity, then restitu- for payments that the taxpayer establishes fied board or exchange (as defined in section tion and included remediation of property are paid or incurred for restitution, remedi- 1256(g)(7)), or includes payment to such harmed govern- ation of property, or coming into compliance ‘‘(B) to the extent provided in regulations, ment or entity, provided the payment bears and that are identified as such in the order a nongovernmental entity which exercises a substantial quantitative relationship to or settlement agreement likewise applies in self-regulatory powers (including imposing the harm. However, restitution or included these cases. The requirement of reporting to sanctions) as part of performing an essential remediation of property does not include re- the IRS and the taxpayer also applies in governmental function. imbursement of government investigative or these cases. ‘‘(5) EXCEPTION FOR TAXES DUE.—Paragraph litigation costs, or payments to whistle- No inference is intended as to the treat- (1) shall not apply to any amount paid or in- blowers. ment of payments as nondeductible fines or curred as taxes due.’’. It is intended that a payment will be treat- penalties under present law. In particular, (b) REPORTING OF DEDUCTIBLE AMOUNTS.— ed as an amount required to come into com- the bill is not intended to limit the scope of (1) IN GENERAL.—Subpart B of part III of pliance only if it directly corrects a viola- present-law section 162(f) or the regulations subchapter A of chapter 61 of the Internal tion with respect to a particular requirement thereunder. Revenue Code of 1986 is amended by inserting of law that was under investigation. For ex- after section 6050T the following new section: EFFECTIVE DATE ample, if the law requires a particular emis- ‘‘SEC. 6050U. INFORMATION WITH RESPECT TO sion standard to be met or particular ma- The bill is effective for amounts paid or in- CERTAIN FINES, PENALTIES, AND chinery to be used, amounts required to be curred on or after the date of enactment; OTHER AMOUNTS. paid under a settlement agreement to meet however the bill does not apply to amounts ‘‘(a) REQUIREMENT OF REPORTING.— the required standard or install the machin- paid or incurred under any binding order or ‘‘(1) IN GENERAL.—The appropriate official ery are deductible to the extent otherwise al- agreement entered into before such date. of any government or entity which is de- lowed. Similarly, if the law requires certain Any order or agreement requiring court ap- scribed in section 162(f)(4) which is involved practices and procedures to be followed and a proval is not a binding order or agreement in a suit or agreement described in para- settlement agreement requires the taxpayer for this purpose unless such approval was ob- graph (2) shall make a return in such form as to pay to establish such practices or proce- tained before the date of enactment. determined by the Secretary setting forth— dures, such amounts would be deductible. S. 1890 ‘‘(A) the amount required to be paid as a However, amounts paid for other purposes result of the suit or agreement to which Be it enacted by the Senate and House of Rep- not directly correcting a violation of law are paragraph (1) of section 162(f) applies, resentatives of the United States of America in not deductible. For example, amounts paid ‘‘(B) any amount required to be paid as a Congress assembled, to bring other machinery that is already in result of the suit or agreement which con- compliance up to a standard higher than re- SECTION 1. SHORT TITLE. stitutes restitution or remediation of prop- quired by the law, or to create other benefits This Act may be cited as the ‘‘Government erty, and (such as a park or other action not pre- Settlement Transparency Act of 2005’’. ‘‘(C) any amount required to be paid as a viously required by law), are not deductible SEC. 2. DENIAL OF DEDUCTION FOR CERTAIN result of the suit or agreement for the pur- if required under a settlement agreement. FINES, PENALTIES, AND OTHER pose of coming into compliance with any law Similarly, amounts paid to educate con- AMOUNTS. which was violated or involved in the inves- sumers or customers about the risks of doing (a) IN GENERAL.—Subsection (f) of section tigation or inquiry. business with the taxpayer or about the field 162 of the Internal Revenue Code of 1986 (re- ‘‘(2) SUIT OR AGREEMENT DESCRIBED.— in which the taxpayer does business gen- lating to trade or business expenses) is ‘‘(A) IN GENERAL.—A suit or agreement is erally, which education efforts are not spe- amended to read as follows: described in this paragraph if— cifically required under the law, are not de- ‘‘(f) FINES, PENALTIES, AND OTHER ‘‘(i) it is— ductible if required under a settlement AMOUNTS.— ‘‘(I) a suit with respect to a violation of agreement. ‘‘(1) IN GENERAL.—Except as provided in any law over which the government or entity The bill requires government agencies to paragraph (2), no deduction otherwise allow- has authority and with respect to which report to the IRS and to the taxpayer the able shall be allowed under this chapter for there has been a court order, or amount of each settlement agreement or any amount paid or incurred (whether by ‘‘(II) an agreement which is entered into order entered where the aggregate amount suit, agreement, or otherwise) to, or at the with respect to a violation of any law over required to be paid or incurred to or at the direction of, a government or entity de- which the government or entity has author- direction of the government under such set- scribed in paragraph (4) in relation to the ity, or with respect to an investigation or in- tlement agreements and orders with respect violation of any law or the investigation or quiry by the government or entity into the to the violation, investigation, or inquiry is inquiry by such government or entity into potential violation of any law over which least $600 (or such other amount as may be the potential violation of any law. such government or entity has authority, specified by the Secretary of the Treasury as ‘‘(2) EXCEPTION FOR AMOUNTS CONSTITUTING and necessary to ensure the efficient administra- RESTITUTION OR PAID TO COME INTO COMPLI- ‘‘(ii) the aggregate amount involved in all tion of the Internal Revenue laws). The re- ANCE WITH LAW.—Paragraph (1) shall not court orders and agreements with respect to ports must be made within 30 days of enter- apply to any amount which— the violation, investigation, or inquiry is ing the settlement agreement, or such other ‘‘(A) the taxpayer establishes— $600 or more. time as may be required by Secretary. The ‘‘(i) constitutes restitution (including re- ‘‘(B) ADJUSTMENT OF REPORTING THRESH- report must separately identify any amounts mediation of property) for damage or harm OLD.—The Secretary may adjust the $600 that are restitution or remediation of prop- caused by or which may be caused by the amount in subparagraph (A)(ii) as necessary erty, or correction of noncompliance. violation of any law or the potential viola- in order to ensure the efficient administra- The IRS is encouraged in addition to re- tion of any law, or tion of the internal revenue laws. quire taxpayers to identify separately on ‘‘(ii) is paid to come into compliance with ‘‘(3) TIME OF FILING.—The return required their tax returns the amounts of any such any law which was violated or involved in under this subsection shall be filed not later settlements with respect to which reporting the investigation or inquiry, and than—

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11567 ‘‘(A) 30 days after the date on which a Mr. SANTORUM. Mr. President, sylvania researchers garnered $1.3 bil- court order is issued with respect to the suit today I rise to introduce the Bio- lion in funding through the I.— Na- or the date the agreement is entered into, as technology Future Investment Expan- tional Institutes of Health in 2003, the case may be, or sion Act of 2005. making the Commonwealth fourth in ‘‘(B) the date specified Secretary. Biotechnology has resulted in some ‘‘(b) STATEMENTS TO BE FURNISHED TO INDI- the Nation. And the University of VIDUALS INVOLVED IN THE SETTLEMENT.— of the most important innovations of Pennsylvania and the University of Every person required to make a return our time. Substantive research in agri- Pittsburgh are in the top 10 nationally under subsection (a) shall furnish to each culture, bioengineering, and medicine for NIH funding. person who is a party to the suit or agree- have given Americans a better life. We must encourage continued re- ment a written statement showing— From the discovery of DNA to the cre- search and the funding that supports ‘‘(1) the name of the government or entity, ation of synthetic insulin, bio- it. Biotech companies are pursuing and technology has improved the standard high-risk research projects to find ‘‘(2) the information supplied to the Sec- cures for many deadly and debilitating retary under subsection (a)(1). of living and has saved many lives. It is important that we encourage contin- diseases that afflict humanity. From The written statement required under the cancer to AIDS, and from Alzheimer’s preceding sentence shall be furnished to the ued research to further advances in the biotech field. Disease to Parkinson’ Disease, the bio- person at the same time the government or technology industry will be in the cen- entity provides the Secretary with the infor- The biotech industry is one of the mation required under subsection (a). most research-intensive industries in ter of finding cures to these life-ending ‘‘(c) APPROPRIATE OFFICIAL DEFINED.—For the world. The industry spent $17.9 bil- illnesses. My legislation offers a little purposes of this section, the term ‘appro- lion on research and development in more support to an industry we depend priate official’ means the officer or employee 2003 alone. The overwhelming majority upon. I encourage my colleagues to having control of the suit, investigation, or of biotech companies engaged in this join me in supporting this legislation inquiry or the person appropriately des- research are not profitable in the early and ask unanimous consent that the ignated for purposes of this section.’’. text of the bill be printed in the (2) CONFORMING AMENDMENT.—The table of years of development. Such companies RECORD. sections for subpart B of part III of sub- may accumulate net operating losses There being no objection, the bill was chapter A of chapter 61 of the Internal Rev- NOLs, without earning income, for a ordered to be printed in the RECORD, as enue Code of 1986 is amended by inserting decade or more. Unfortunately, a provi- after the item relating to section 6050T the follows: sion of the tax code, (Section 382), oper- S. 1893 following new item: ates to severely limit the utilization of ‘‘Sec. 6050U. Information with respect to Be it enacted by the Senate and House of Rep- NOLs by many such biotech companies. resentatives of the United States of America in certain fines, penalties, and Often, these limitations cause NOLs to Congress assembled, other amounts.’’. expire before they can be used by these SECTION 1. SHORT TITLE. (c) EFFECTIVE DATE.—The amendments companies. This Act may be cited as the ‘‘Bio- made by this section shall apply to amounts This legislation will modify the ap- technology Future Investment Expansion paid or incurred on or after the date of the plication of Section 382 to the biotech Act of 2005’’. enactment of this Act, except that such SEC. 2. RESTORING THE BENEFIT OF TAX INCEN- amendments shall not apply to amounts paid industry, with the goal of increasing TIVES FOR BIOMEDICAL RESEARCH or incurred under any binding order or agree- that important sector’s ability to le- AND CLINICAL TRIALS. ment entered into before such date. Such ex- verage capital into high-tech, high-risk (a) IN GENERAL.—Subsection (l) of section ception shall not apply to an order or agree- cutting-edge research. Specifically, the 382 of the Internal Revenue Code of 1986 is ment requiring court approval unless the ap- legislation will ensure that neither new amended by adding at the end the following proval was obtained before such date. new paragraph: investment into biotech companies nor ‘‘(9) CERTAIN FINANCING TRANSACTIONS OF By Mr. MCCAIN (for himself and a business-driven merger of two BIOMEDICAL RESEARCH CORPORATIONS.— Mr. DORGAN): biotech loss companies will trigger the ‘‘(A) GENERAL RULE.—In the case of a bio- S. 1892. A bill to amend Public Law section 382 NOL limitation. Neither of medical research corporation, any owner 107–153 to modify a certain date; to the these changes runs counter to the long- shift involving a 5-percent shareholder which occurs as the result of a qualified investment Committee on Indian Affairs. standing tax policy behind Section 382 of preventing corporations, from NOL or qualified transaction during the testing Mr. MCCAIN. Mr. President, today I period shall be treated for purposes of this am introducing a measure with Sen- trafficking. section (other than this paragraph) as occur- ator DORGAN to amend P.L. 107–153, My home State of Pennsylvania is a ring before the testing period. which deems that certain reports pre- national leader in biotechnology inno- ‘‘(B) BIOMEDICAL RESEARCH CORPORATION.— pared for the Department of the Inte- vation, and the biosciences are a sig- For purposes of this paragraph, the term rior relating to Indian tribal trust ac- nificant economic driver in Pennsylva- ‘biomedical research corporation’ means, counts were received by the tribes no nia’s economy. Pennsylvania’s support with respect to any qualified investment, earlier than December 31, 1999. The in- of the industry has made it a policy any domestic corporation subject to tax leader for the biosciences. More than under this subchapter which is not in bank- tent of this law was to eliminate con- ruptcy and which, as of the time of the clos- tentions that the tribes received notice 125 biopharmaceutical companies and 2,000 bioscience-related companies ing on such investment— of potential claims against the United ‘‘(i) holds the rights to a drug or biologic States prior to that date for purposes make Pennsylvania their home. For ex- for which an investigational new drug appli- of the statute of limitations. This ample, Philadelphia’s BioAdvance fo- cation is in effect under section 505 of the amendment changes the date set forth cuses on bioinformatics, bio-pharma- Federal Food, Drug, and Cosmetic Act, and in P.L. 107–153 to December 31, 2005, in ceuticals and medical devices, and clin- ‘‘(ii) certifies that, as of the time of such order to facilitate discussions and ne- ical trials. The Pittsburgh Life closing, the drug or biologic is, or in the 3 gotiations between the Indian tribes Sciences Greenhouse focuses on drug month period before and after such closing has been, under study pursuant to an inves- and the United States regarding poten- discovery tools, tissue and organ re- search, medical devices, and thera- tigational use exemption under section 505(i) tial claims without pressure on the of the Federal Food, Drug, and Cosmetic Act. peutic strategies for neuropsychiatric tribes to file lawsuits out of concern ‘‘(C) QUALIFIED INVESTMENT.—For purposes that the statute of limitations will run disorders. The Central Pennsylvania of this paragraph, the term ‘qualified invest- out on their claims. It is my under- Life Sciences Greenhouse is pursuing ment’ means any acquisition of stock by a standing that this measure has support drug design and delivery systems, bio- shareholder (who after such acquisition is a both among the Indian tribes and the medical devices, and bio-nanotechnol- less than 50 percent shareholder) in a bio- administration. ogy. These and many other companies medical research corporation if such stock is in Pennsylvania are developing ground- acquired at its original issue (directly or By Mr. SANTORUM: breaking therapies, devices, through an underwriter) solely in exchange S. 1893. A bill to permit biomedical diagnostics and vaccines for once un- for cash. research corporations to engage in cer- ‘‘(D) QUALIFIED TRANSACTION.—For pur- treatable diseases and debilitating con- poses of this paragraph, the term ‘qualified tain financings and other transactions ditions, providing hope for millions of transaction’ means any acquisition of stock without incurring limitations on net patients. in a biomedical research corporation if such operating loss carryforwards and cer- Additionally, top-of-the-line bio- stock is acquired as part of a merger or ac- tain built-in losses, and for other pur- science research takes place in Penn- quisition by another biomedical research poses; to the Committee on Finance. sylvania’s academic institutions. Penn- corporation that is a loss corporation. If the

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11568 CONGRESSIONAL RECORD — SENATE October 19, 2005 acquiring loss corporation is a member of a and are of minor value relative to the This cannot be what the Founding controlled group of corporations under sec- amount of the qualified investment. Fathers intended when they adopted tion 1563(a), the group must be a loss group. ‘‘(I) REGULATIONS.—The Secretary may the Bill of Rights. The Kelo decision ‘‘(E) STOCK ISSUED IN EXCHANGE FOR CON- issue such regulations as may be appropriate has highlighted a serious problem with VERTIBLE DEBT.—For purposes of this para- to achieve the purposes of this paragraph, to graph, stock issued by a biomedical research prevent abuse, and to provide for treatment how government has taken more power corporation in exchange for its convertible of biomedical research corporations under at the expense of the people. The Su- debt (or stock deemed under this section to sections 383 and 384 that is consistent with preme Court’s decision favors big cor- be so issued) shall be treated as stock ac- the purposes of this paragraph.’’. porations and persons with political quired by the debt holder at its original issue (b) EFFECTIVE DATE.—The amendment clout over homeowners and regular and solely in exchange for cash if the debt made by this section shall apply to taxable people. holder previously acquired the convertible years beginning after the date of enactment Congress is partly to blame. Congress debt at its original issue and solely in ex- of this Act. change for cash. In the case of an acquisition has created incentives for government of stock in exchange for convertible debt, the By Mr. ENSIGN (for himself, Mr. to redevelop property in a never-ending requirements of this paragraph shall be ap- INHOFE, and Mr. DEMINT): quest for more and more tax dollars. plied separately as of the time of closing on S. 1895. A bill to return meaning to New London, CT is the perfect example the investment in convertible debt, and as of the fifth amendment by limiting the of these incentives. To Americans, the the time of actual conversion (or deemed power of eminent domain; to the Com- Kelo decision means that no matter conversion under this section) of the con- mittee on Finance. how hard you work and no matter how vertible debt for stock. Mr. ENSIGN. Mr. President, I rise hard you save, government can come in ‘‘(F) BIOMEDICAL RESEARCH CORPORATION MUST MEET 3-YEAR EXPENDITURE AND CON- today on behalf of every person in and take it all away from you. No per- TINUITY OF BUSINESS TESTS WITH RESPECT TO America who owns property and to son’s home will be safe if Congress does ANY QUALIFIED INVESTMENT.— speak on behalf of everyone working not act to restore the fifth amendment. ‘‘(i) IN GENERAL.—This paragraph shall not toward the American dream of home- The property owners who lost their apply to a qualified investment or trans- ownership. That dream is being threat- homes as a result of the Kelo decision action in a biomedical research corporation ened today, and that threat comes paid their Federal taxes, paid their unless such corporation meets the expendi- from our own government and court ture test for each year of the measuring pe- State taxes, and paid their local taxes. system. Since the birth of our Nation, They played by the rules. Ironically, it riod and the continuity of business test. property ownership has been a funda- ‘‘(ii) MEASURING PERIOD.—For purposes of was these taxes that made it possible this subparagraph, the term ‘measuring pe- mental and guarded right. The Found- for their government to steal their riod’ means, with respect to any qualified in- ing Fathers went to great lengths to homes. As a result, Congress must step vestment or transaction, the taxable year of protect citizens from the heavy and in to limit the use of Federal dollars. the biomedical research corporation in greedy hand of government. This is Just as our country’s Founders which the closing on the investment occurs, why the Bill of Rights includes the sought to protect private property by and the 2 preceding taxable years. fifth amendment’s ‘‘takings clause.’’ amending the Constitution, I feel Con- ‘‘(iii) EXPENDITURE TEST.—A biomedical re- Unfortunately, 200 years of upholding gress must act to protect those rights. search corporation meets the expenditure property rights was not enough to pro- That is why I am introducing the Pri- test of this subparagraph for a taxable year tect some Americans from the exces- if at least 35 percent of its expenditures for vate Property Rights Protection Act, sive use of government power. In Kelo the taxable year (including, for purposes of legislation to protect and preserve the this clause, payments in redemption of its v. City of New London, the U.S. Su- preme Court ruled 5 to 4 that economic American dream. This bill will curb stock) are expenditures described in section government power and return it where 41(b) or clinical and preclinical expenditures. development was a sufficient reason to it belongs, to the people. ‘‘(iv) CONTINUITY OF BUSINESS TEST.—A bio- take a person’s property. In this case, medical research corporation meets the con- the city of New London, CT wanted to By Mr. CORZINE (for himself and tinuity of business test if, at all times during tear down private homes and redevelop the 2-year period following a qualified in- Mr. DODD): private property into an industrial S. 1897. A bill to amend the Forest vestment or transaction, such corporation complex. It is important to understand continues the business enterprise of such and Rangeland Renewable Resources that the city did not want to tear down corporation. Planning Act of 1974 and related laws these homes because the neighborhood ‘‘(G) EFFECT OF CORPORATE REDEMPTIONS ON to strengthen the protection of native was blighted. The city did not want to QUALIFIED INVESTMENTS.—Rules similar to biodiversity and ban clearcutting on the rules of section 1202(c)(3) shall apply to redevelop the property because the Federal land, and to designate certain qualified investments under this paragraph homes were being used by drug dealers. except that ‘stock acquired in a qualified in- The homeowners were middle-class Federal land as Ancient forests, vestment’ shall be substituted for ‘qualified families living in a middle-class neigh- roadless areas, watershed protection small business stock’ each place it appears borhood. So why would the city want areas, and special areas where logging therein. to redevelop these properties? City offi- and other intrusive activities are pro- ‘‘(H) EFFECT OF OTHER TRANSACTIONS BE- hibited; to the Committee on Energy TWEEN BIOMEDICAL RESEARCH CORPORATIONS cials believed this would create jobs and increase the city’s tax revenue. and Natural Resources. AND INVESTORS MAKING QUALIFIED INVEST- Mr. CORZINE. Mr. President, today I MENTS.— When the homeowners refused to sell am introducing the Act to Save Amer- ‘‘(i) IN GENERAL.—If, during the 2-year pe- to the city, the city began condemna- riod beginning 1 year before any qualified in- tion proceedings. The homeowners sued ica’s Forests. The purpose of this legis- vestment, the biomedical research corpora- the city and argued that this ‘‘taking’’ lation is to protect our national forests tion engages in another transaction with a violated their fifth amendment rights. from needless clearcutting, safeguard member of its qualified investment group The fifth amendment states that pri- our roadless areas, and preserve the and such biomedical research corporation re- vate property cannot be taken except last remaining stands of ancient for- ceives any consideration other than cash in for a ‘‘public use’’ and only then if the ests in this country. such transaction, there shall be a presump- owners are justly compensated. The At one time there was approximately tion that stock received in the otherwise billions of acres of forest on the land qualified investment transaction was not re- owners believed, as I do, that creating ceived solely in exchange for cash. jobs and increasing tax revenue is not that is now the United States. Sadly, ‘‘(ii) QUALIFIED INVESTMENT GROUP.—For a public use. The Supreme Court, de- less than 10 percent of the original purposes of this subparagraph, the term spite the plain meaning of the fifth unlogged forests of the United States ‘qualified investment group’ means, with re- amendment, ruled against the home- remain, and in the lower 48 States only spect to any qualified investment, one or owners. As bad as that is, it gets worse 1 percent is in a form large enough to more persons who receive stock issued in ex- for these homeowners. The city of New support all the native plants and ani- change for the qualified investment, and any London is demanding that the home- mals. The 1 percent left is under con- person related to such persons within the stant threat, so we must act as soon as meaning of section 267(b) or section 707(b). owners, those who fought to protect ‘‘(iii) REGULATIONS.—The Secretary shall their fifth amendment rights, must possible to keep us from losing these promulgate regulations exempting from this now pay back rent. For the Kelo fam- precious forest lands forever. subparagraph transactions which are cus- ily, that means $57,000 in rent owed to Our national forests also are under tomary in the bioscience research industry the city. attack from clearcutting. The process

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11569 of clearcutting, or removing huge TITLE II—PROTECTION FOR ANCIENT (7) a decline of solid wood and coarse groups of trees at once, devastates FORESTS, ROADLESS AREAS, WATER- woody debris reduces the capacity of soil to wildlife habitats, creates a blighted SHED PROTECTION AREAS, AND SPE- retain water and nutrients, which in turn in- landscape, increases soil erosion, and CIAL AREAS creases soil heat and impairs soil’s ability to maintain protective carbon compounds on degrades water quality. Over a quarter- Sec. 201. Findings. Sec. 202. Definitions. the soil surface; million acres of our national forests Sec. 203. Designation of special areas. (8) clearcutting and other forms of even- were clearcut in the past decade alone. Sec. 204. Restrictions on management ac- age logging operations result in— The process of clearcutting annihilates tivities in Ancient forests, (A) increased stream sedimentation and vibrant, ecologically diverse forests are roadless areas, watershed pro- the silting of stream bottoms; usually replaced, if at all, with a single tection areas, and special areas. (B) a decline in water quality; species tree farm. This is irresponsible TITLE III—EFFECTIVE DATE (C) the impairment of life cycles and forest management that ignores ecol- Sec. 301. Effective date. spawning processes of aquatic life from ogy and concentrates solely on flawed Sec. 302. Effect on existing contracts. benthic organisms to large fish; and Sec. 303. Wilderness Act exclusion. (D) as a result of the effects described in economics. TITLE IV—GIANT SEQUOIA NATIONAL subparagraphs (A) through (C), a depletion of This bill utilizes a scientific ap- MONUMENT the sport and commercial fisheries of the proach to forest management. By ban- Sec. 401. Findings. United States; ning all logging operations in roadless Sec. 402. Definitions. (9) clearcutting and other forms of even- areas, ancient forests, and forests that Sec. 403. Additions to Giant Sequoia Na- age management of Federal forests disrupt have extraordinary biological, scenic, tional Monument. natural disturbance regimes that are critical or recreational values, this bill seeks Sec. 404. Transfer of administrative jurisdic- to ecosystem function; to protect our Nation’s most precious tion over the Giant Sequoia Na- (10) clearcutting and other forms of even- and fragile ecosystems. In addition, tional Monument. age logging operations increase harmful edge Sec. 405. Additions to the Sierra National effects, including— this bill bans clearcutting in our na- Forest and Inyo National For- (A) blowdowns; tional forests except in specific cases est. (B) invasions by weed species; and where complete removal of nonnative Sec. 406. Authorization of appropriations. (C) heavier losses to predators and com- invasive tree species is ecologically SEC. 2. FINDINGS AND PURPOSES. petitors; necessary. (a) FINDINGS.—Congress finds that— (11) by reducing the number of deep, While the bill bans certain logging, it (1) Federal agencies that permit canopied, variegated, permanent forests, does not ban all logging in our national clearcutting and other forms of even-age log- clearcutting and other forms of even-age log- forests. Instead, it allows a method of ging operations include the Forest Service, ging operations— the United States Fish and Wildlife Service, (A) limit areas where the public can satisfy logging called selection management, and the Bureau of Land Management; an expanding need for recreation; and which cuts individual trees instead of (2) clearcutting and other forms of even- (B) decrease the recreational value of land; the whole forest, leaving a healthy, age logging operations cause substantial al- (12) clearcutting and other forms of even- biologically diverse forest ecosystem. terations in native biodiversity by— age logging operations replace forests de- This method reduces the devastation to (A) emphasizing the production of a lim- scribed in paragraph (11) with a surplus of the environment because it retains ited number of commercial species, and often clearings that grow into relatively impen- natural forest structure and function, only a single species, of trees on each site; etrable thickets of saplings, and then into focuses on long-term rather than short- (B) manipulating the vegetation toward monoculture tree plantations; greater relative density of the commercial (13) because of the harmful and, in many term management, and allows new species; cases, irreversible, damage to forest species growth without completely destroying (C) suppressing competing species; and and forest ecosystems caused by logging of old growth. It is also less disturbing to (D) requiring the planting, on numerous Ancient and roadless forests, clearcutting, people who enjoy the scenic beauty of sites, of a commercial strain of the species and other forms of even-age management, it our forests. Not only is selection man- that reduces the relative diversity of other is important that these practices be halted agement more environmentally friend- genetic strains of the species that were tra- based on the precautionary principle; ly, but it also can be sustainable and ditionally located on the same sites; (14) human beings depend on native bio- even profitable, as demonstrated by a (3) clearcutting and other forms of even- logical resources, including plants, animals, age logging operations— and micro-organisms— number of private forests around the (A) frequently lead to the death of immo- (A) for food, medicine, shelter, and other country. bile species and the very young of mobile important products; and This legislation emphasizes biodiver- species of wildlife; and (B) as a source of intellectual and sci- sity and sustainable management, al- (B) deplete the habitat of deep-forest spe- entific knowledge, recreation, and aesthetic lowing ecologically sound logging prac- cies of animals, including endangered species pleasure; tices in some of our national forestland and threatened species; (15) alteration of native biodiversity has and fully protecting the rest. I am (4)(A) clearcutting and other forms of even- serious consequences for human welfare, as proud to reintroduce this legislation in age logging operations— the United States irretrievably loses re- (i) expose the soil to direct sunlight and sources for research and agricultural, medic- the 109th Congress, which will be a the impact of precipitation; inal, and industrial development; major step in the protection of Amer- (ii) disrupt the soil surface; (16) alteration of biodiversity in Federal ica’s forests. I ask unanimous consent (iii) compact organic layers; and forests adversely affects the functions of eco- that the text of the bill be printed in (iv) disrupt the run-off restraining capa- systems and critical ecosystem processes the RECORD. bilities of roots and low-lying vegetation, re- that— There being no objection, the bill was sulting in soil erosion, the leaching of nutri- (A) moderate climate; ordered to be printed in the RECORD, as ents, a reduction in the biological content of (B) govern nutrient cycles and soil con- follows: soil, and the impoverishment of soil; and servation and production; (B) all of the consequences described in (C) control pests and diseases; and S. 1897 subparagraph (A) have a long-range delete- (D) degrade wastes and pollutants; Be it enacted by the Senate and House of Rep- rious effect on all land resources, including (17)(A) clearcutting and other forms of resentatives of the United States of America in timber production; even-age management operations have sig- Congress assembled, (5) clearcutting and other forms of even- nificant deleterious effects on native bio- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. age logging operations aggravate global cli- diversity, by reducing habitat and food for (a) SHORT TITLE.—This Act may be cited as mate change by— cavity-nesting birds and insectivores such as the ‘‘Act to Save America’s Forests’’. (A) decreasing the capability of the soil to the 3-toed woodpecker and hairy woodpecker (b) TABLE OF CONTENTS.—The table of con- retain carbon; and and for neotropical migratory bird species; tents of this Act is as follows: (B) during the critical periods of felling and and site preparation, reducing the capacity (B) the reduction in habitat and food sup- Sec. 1. Short title; table of contents. of the biomass to process and to store car- ply could disrupt the lines of dependency Sec. 2. Findings and purposes. bon, with a resultant loss of stored carbon to among species and their food resources and TITLE I—LAND MANAGEMENT the atmosphere; thereby jeopardize critical ecosystem func- Sec. 101. Committee of scientists. (6) clearcutting and other forms of even- tion, including limiting outbreaks of de- Sec. 102. Continuous forest inventory. age logging operations render soil increas- structive insect populations; for example— Sec. 103. Administration and management. ingly sensitive to acid deposits by causing a (i) the 3-toed woodpecker requires clumped Sec. 104. Conforming amendments. decline of soil wood and coarse woody debris; snags in spruce-fir forests, and 99 percent of

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11570 CONGRESSIONAL RECORD — SENATE October 19, 2005 its winter diet is composed of insects, pri- ‘‘(B) field experience in selection manage- throughout each forested area, except during marily spruce beetles; and ment. the extraction stage of authorized mineral (ii) a 3-toed woodpecker can consume as ‘‘(3) DUTIES.—The committee shall provide development or during authorized construc- much as 26 percent of the brood of an en- scientific and technical advice and counsel tion projects, in which cases the Secretary demic population of spruce bark beetle and on proposed guidelines and procedures and shall conserve native biodiversity to the reduce brood survival of the population by 70 all other issues involving forestry and native maximum extent practicable. to 79 percent; biodiversity to promote an effective inter- (18) the harm of clearcutting and other disciplinary approach to forestry and native ‘‘(c) RESTRICTION ON USE OF CERTAIN LOG- forms of even-age logging operations on the biodiversity. GING PRACTICES.— natural resources of the United States and ‘‘(4) TERMINATION.—The committee shall ‘‘(1) DEFINITIONS.—In this subsection: the quality of life of the people of the United terminate on the date that is 10 years after ‘‘(A) AGE DIVERSITY.—The term ‘age diver- States is substantial, severe, and avoidable; the date of enactment of the Act to Save sity’ means the naturally occurring range (19) by substituting selection management, America’s Forests.’’ and distribution of age classes within a given as required by this Act, for clearcutting and SEC. 102. CONTINUOUS FOREST INVENTORY. species. other forms of even-age logging operations, (a) IN GENERAL.—Not later than 2 years ‘‘(B) BASAL AREA.—The term ‘basal area’ the Federal agencies involved with those log- after the date of enactment of this Act, each means the area of the cross section of a tree ging operations would substantially reduce of the Chief of the Forest Service, the Direc- stem, including the bark, at 4.5 feet above devastation to the environment and improve tor of the United States Fish and Wildlife the ground. the quality of life of the people of the United Service, and the Director of the Bureau of ‘‘(C) CLEARCUTTING.—The term States; Land Management (referred to individually ‘clearcutting’ means an even-age logging op- (20) selection management— as an ‘‘agency head’’) shall prepare a contin- eration that removes all of the trees over a (A) retains natural forest structure and uous inventory of forest land administered considerable portion of a stand at 1 time. function; by those agency heads, respectively. ‘‘(D) CONSERVATION.—The term ‘conserva- (B) focuses on long-term rather than short- (b) REQUIREMENTS.—A continuous forest in- tion’ means protective measures for main- term management; ventory shall constitute a long-term moni- taining native biodiversity and active and (C) works with, rather than against, the toring and inventory system that— passive measures for restoring diversity checks and balances inherent in natural (1) is contiguous throughout affected Fed- through management efforts, in order to pro- processes; and eral forest land; and tect, restore, and enhance as much of the va- (D) permits the normal, natural processes (2) is based on a set of permanent plots riety of species and communities as prac- in a forest to allow the forest to go through that are inventoried every 10 years to— ticable in abundances and distributions that the natural stages of succession to develop a (A) assess the impacts that human activi- provide for their continued existence and forest with old growth ecological functions; ties are having on management of the eco- normal functioning, including the viability (21) by protecting native biodiversity, as system; of populations throughout their natural geo- required by this Act, Federal agencies would (B) gauge— graphic distributions. maintain vital native ecosystems and im- (i) floristic and faunistic diversity, abun- ‘‘(E) EVEN-AGE LOGGING OPERATION.— prove the quality of life of the people of the dance, and dominance; and ‘‘(i) IN GENERAL.—The term ‘even-age log- United States; (ii) economic and social value; and ging operation’ means a logging activity (22) selection logging— (C) monitor changes in the age, structure, that— (A) is more job intensive, and therefore and diversity of species of trees and other ‘‘(I) creates a clearing or opening that ex- provides more employment than vegetation. ceeds 1⁄5 acre; clearcutting and other forms of even-age log- (c) DECENNIAL INVENTORIES.—Each decen- ‘‘(II) creates a stand in which the majority ging operations to manage the same quan- nial inventory under subsection (b)(2) shall of trees are within 10 years of the same age; tity of timber production; and be completed not more than 60 days after the or (B) produces higher quality sawlogs than date on which the inventory is begun. ‘‘(III) within a period of 30 years, cuts or clearcutting and other forms of even-age log- (d) NATIONAL ACADEMY OF SCIENCES.—In removes more than the lesser of— ging operations; and preparing a continuous forest inventory, an ‘‘(aa) the growth of the basal area of all (23) the judicial remedies available to en- agency head may use the services of the Na- tree species (not including a tree of a non-na- force Federal forest laws are inadequate, and tional Academy of Sciences to— tive invasive tree species or an invasive should be strengthened by providing for in- (1) develop a system for the continuous for- plantation species) in a stand; or junctions, declaratory judgments, statutory est inventory by which certain guilds or in- ‘‘(bb) 20 percent of the basal area of a damages, and reasonable costs of suit. dicator species are measured; and stand. (b) PURPOSE.—The purpose of this Act is to (2) identify any changes to the continuous ‘‘(ii) INCLUSION.—The term ‘even-age log- conserve native biodiversity and protect all forest inventory that are necessary to ensure ging operation’ includes the application of native ecosystems on all Federal land that the continuous forest inventory is con- clearcutting, high grading, seed-tree cutting, against losses that result from— sistent with the most accurate scientific shelterwood cutting, or any other logging (1) clearcutting and other forms of even- methods. method in a manner inconsistent with selec- age logging operations; and (e) WHOLE-SYSTEM MEASURES.—At the end tion management. (2) logging in Ancient forests, roadless of each forest planning period, an agency ‘‘(iii) EXCLUSION.—The term ‘even-age log- areas, watershed protection areas, and spe- head shall document whole-system measures ging operation’ does not include the cutting cial areas. that will be taken as a result of a decennial or removal of— TITLE I—LAND MANAGEMENT inventory. ‘‘(I) a tree of a non-native invasive tree SEC. 101. COMMITTEE OF SCIENTISTS. (f) PUBLIC AVAILABILITY.—Results of a con- species; or Section 6 of the Forest and Rangeland Re- tinuous forest inventory shall be made avail- ‘‘(II) an invasive plantation species, if na- newable Resources Planning Act of 1974 (16 able to the public without charge. tive longleaf pine are planted in place of the U.S.C. 1604) is amended by striking sub- SEC. 103. ADMINISTRATION AND MANAGEMENT. removed invasive plantation species. section (h) and inserting the following: The Forest and Rangeland Renewable Re- ‘‘(F) GENETIC DIVERSITY.—The term ‘ge- ‘‘(h) COMMITTEE OF SCIENTISTS.— sources Planning Act of 1974 is amended by netic diversity’ means the differences in ge- ‘‘(1) IN GENERAL.—To carry out subsection adding after section 6 (16 U.S.C. 1604) the fol- netic composition within and among popu- (g), the Secretary shall appoint a committee lowing: lations of a species. composed of scientists— ‘‘SEC. 6A. CONSERVATION OF NATIVE BIODIVER- ‘‘(G) HIGH GRADING.—The term ‘high grad- ‘‘(A) who are not officers or employees of SITY; SELECTION LOGGING; PROHI- ing’ means the removal of only the larger or the Forest Service, of any other public enti- BITION OF CLEARCUTTING. more commercially valuable trees in a stand, ty, or of any entity engaged in whole or in ‘‘(a) APPLICABILITY.—This section applies resulting in an alteration in the natural part in the production of wood or wood prod- to the administration and management of— range of age diversity or species diversity in ucts; ‘‘(1) National Forest System land, under the stand. ‘‘(B) not more than one-third of whom have this Act; ‘‘(H) INVASIVE PLANTATION SPECIES.—The contracted with or represented any entity ‘‘(2) Federal land, under the Federal Land term ‘invasive plantation species’ means a described in subparagraph (A) during the 5- Policy and Management Act of 1976 (43 loblolly pine or slash pine that was planted year period ending on the date of the pro- U.S.C. 1701 et seq.); and or managed by the Forest Service or any posed appointment to the committee; and ‘‘(3) National Wildlife Refuge System land, other Federal agency as part of an even-aged ‘‘(C) not more than one-third of whom are under the National Wildlife Refuge System monoculture tree plantation. foresters. Administration Act of 1966 (16 U.S.C. 668dd et ‘‘(I) NATIVE BIODIVERSITY.— ‘‘(2) QUALIFICATIONS OF FORESTERS.—A for- seq.). ‘‘(i) IN GENERAL.—The term ‘native bio- ester appointed to the committee shall be an ‘‘(b) NATIVE BIODIVERSITY IN FORESTED diversity’ means— individual with— AREAS.—The Secretary shall provide for the ‘‘(I) the full range of variety and varia- ‘‘(A) extensive training in conservation bi- conservation or restoration of native bio- bility within and among living organisms; ology; and diversity in each stand and each watershed and

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‘‘(II) the ecological complexes in which the ‘‘(II) FELLING AGE; NATIVE BIODIVERSITY.— tion of subsection (g)(3)(B) or this subsection living organisms would have occurred (in- Subclause (I) does not— has occurred, the district court— cluding naturally occurring disturbance re- ‘‘(aa) establish a 150-year projected felling ‘‘(I) shall impose a damage award of not gimes) in the absence of significant human age as the standard at which individual trees less than $5,000; impact. in a stand are to be cut; or ‘‘(II) may issue 1 or more injunctions or ‘‘(ii) INCLUSIONS.—The term ‘native bio- ‘‘(bb) limit native biodiversity to that other forms of equitable relief; and diversity’ includes diversity— which occurs within the context of a 150-year ‘‘(III) shall award to the plaintiffs reason- ‘‘(I) within a species (including genetic di- projected felling age. able costs of bringing the action, including versity, species diversity, and age diversity); ‘‘(M) SHELTERWOOD CUT.—The term attorney’s fees, witness fees, and other nec- ‘‘(II) within a community of species; ‘shelterwood cut’ means an even-age logging essary expenses. ‘‘(III) between communities of species; operation that leaves— ‘‘(iii) STANDARD OF PROOF.—The standard ‘‘(IV) within a discrete area, such as a wa- ‘‘(i) a minority of the stand (larger than a of proof in all actions under this subpara- tershed; seed-tree cut) as a seed source; or graph shall be the preponderance of the evi- ‘‘(V) along a vertical plane from ground to ‘‘(ii) a protection cover remaining standing dence. sky, including application of the plane to all for any period of time. ‘‘(iv) TRIAL.—A trial for any action under the other types of diversity; and ‘‘(N) SPECIES DIVERSITY.—The term ‘species this subsection shall be de novo. ‘‘(VI) along the horizontal plane of the diversity’ means the richness and variety of ‘‘(E) PAYMENT OF DAMAGES.— land surface, including application of the native species in a particular location. ‘‘(i) NON-FEDERAL VIOLATOR.—A damage ‘‘(O) STAND.—The term ‘stand’ means a bi- plane to all the other types of diversity. award under subparagraph (D)(ii) shall be ological community of trees on land de- ‘‘(J) NON-NATIVE INVASIVE TREE SPECIES.— paid to the Treasury by a non-Federal viola- scribed in subsection (a), comprised of not ‘‘(i) IN GENERAL.—The term ‘non-native tor or violators designated by the court. more than 100 contiguous acres with suffi- invasive tree species’ means a species of tree ‘‘(ii) FEDERAL VIOLATOR.— cient identity of 1 or more characteristics not native to North America. ‘‘(I) IN GENERAL.—Not later than 40 days (including location, topography, and domi- ‘‘(ii) INCLUSIONS.—The term ‘non-native after the date on which judgment is ren- nant species) to be managed as a unit. invasive tree species’ includes— dered, a damage award under subparagraph ‘‘(P) TIMBER PURPOSE.— ‘‘(I) Australian pine (Casaurina (D)(ii) for which the United States is deter- ‘‘(i) IN GENERAL.—The term ‘timber pur- mined to be liable shall be paid from the equisetifolia); pose’ means the use, sale, lease, or distribu- ‘‘(II) Brazilian pepper (Schinus Treasury, as provided under section 1304 of tion of trees, including the felling of trees or title 31, United States Code, to the person or terebinthifolius); portions of trees. ‘‘(III) Common buckthorn (Rhamnus persons designated to receive the damage ‘‘(ii) EXCEPTION.—The term ‘timber pur- cathartica); award. pose’ does not include the felling of trees or ‘‘(II) USE OF DAMAGE AWARD.—A damage ‘‘(IV) Eucalyptus (Eucalyptus globulus); portions of trees to create land space for a ‘‘(V) Glossy buckthorn (Rhamnus award described under subclause (I) shall be Federal administrative structure. used by the recipient to protect or restore frangula); ‘‘(Q) WITHIN-COMMUNITY DIVERSITY.—The ‘‘(VI) Melaleuca (Melaleuca native biodiversity on Federal land or on term ‘within-community diversity’ means land adjoining Federal land. quinquenervia); the distinctive assemblages of species and ‘‘(III) COURT COSTS.—Any award of costs of ‘‘(VII) Norway maple (Acer platanoides); ecological processes that occur in various ‘‘(VIII) Princess tree (Paulownia litigation and any award of attorney fees physical settings of the biosphere and dis- shall be paid by a Federal violator not later tomentosa); tinct locations. ‘‘(IX) Salt cedar (Tamarix species); than 40 days after the date on which judg- ‘‘(2) PROHIBITION OF CLEARCUTTING AND ment is rendered. ‘‘(X) Silk tree (Albizia julibrissin); OTHER FORMS OF EVEN-AGE LOGGING OPER- ‘‘(F) WAIVER OF SOVEREIGN IMMUNITY.— ‘‘(XI) Strawberry guava (Psidium ATIONS.—No clearcutting or other form of ‘‘(i) IN GENERAL.—The United States (in- cattleianum); even-age logging operation shall be per- cluding agents and employees of the United ‘‘(XII) Tree-of-heaven (Ailanthus mitted in any stand or watershed. States) waives its sovereign immunity in all altissima); ‘‘(3) MANAGEMENT OF NATIVE BIODIVER- respects in all actions under subsection ‘‘(XIII) Velvet tree (Miconia calvescens); SITY.—On each stand on which an even-age (g)(3)(B) and this subsection. and logging operation has been conducted on or ‘‘(ii) NOTICE.—No notice is required to en- ‘‘(XIV) White poplar (Populus alba). before the date of enactment of this section, force this subsection.’’. ‘‘(K) SEED-TREE CUT.—The term ‘seed-tree and on each deforested area managed for cut’ means an even-age logging operation timber purposes on or before the date of en- SEC. 104. CONFORMING AMENDMENTS. that leaves a small minority of seed trees in actment of this section, excluding areas oc- Section 6(g)(3) of the Forest and Rangeland a stand for any period of time. cupied by existing buildings, the Secretary Renewable Resource Planning Act of 1974 (16 ‘‘(L) SELECTION MANAGEMENT.— shall— U.S.C. 1604(g)(3)) is amended— ‘‘(i) IN GENERAL.—The term ‘selection man- ‘‘(A) prescribe a shift to selection manage- (1) in subparagraph (D), by inserting ‘‘and’’ agement’ means a method of logging that ment; or after the semicolon at the end; emphasizes the periodic, individual selection ‘‘(B) cease managing the stand for timber (2) in subparagraph (E), by striking ‘‘; and’’ and removal of varying size and age classes purposes, in which case the Secretary shall— and inserting a period; and of the weaker, nondominant cull trees in a ‘‘(i) undertake an active restoration of the (3) by striking subparagraph (F). stand and leaves uncut the stronger domi- native biodiversity of the stand; or TITLE II—PROTECTION FOR ANCIENT nant trees to survive and reproduce, in a ‘‘(ii) permit the stand to regain native bio- FORESTS, ROADLESS AREAS, WATER- manner that works with natural forest proc- diversity. SHED PROTECTION AREAS, AND SPE- esses and— ‘‘(4) ENFORCEMENT.— CIAL AREAS ‘‘(I) ensures the maintenance of continuous ‘‘(A) FINDING.—Congress finds that all peo- SEC. 201. FINDINGS. high forest cover where high forest cover ple of the United States are injured by ac- Congress finds that— naturally occurs; tions on land to which subsection (g)(3)(B) (1) unfragmented forests on Federal land, ‘‘(II) ensures the maintenance or natural and this subsection applies. unique and valuable assets to the general regeneration of all native species in a stand; ‘‘(B) PURPOSE.—The purpose of this para- public, are damaged by extractive logging; ‘‘(III) ensures the growth and development graph is to foster the widest and most effec- (2) less than 10 percent of the original of trees through a range of diameter or age tive possible enforcement of subsection unlogged forests of the United States re- classes to provide a sustained yield of forest (g)(3)(B) and this subsection. main, and the vast majority of the remnants products including clean water, rich soil, and ‘‘(C) FEDERAL ENFORCEMENT.—The Sec- of the original forests of the United States native plants and wildlife; and retary of Agriculture, the Secretary of the are located on Federal land; ‘‘(IV) ensures that some dead trees, stand- Interior, and the Attorney General shall en- (3) large, unfragmented forest watersheds ing and downed, shall be left in each stand force subsection (g)(3)(B) and this subsection provide high-quality water supplies for where selection logging occurs, to fulfill against any person that violates 1 or more of drinking, agriculture, industry, and fisheries their necessary ecological functions in the those provisions. across the United States; forest ecosystem, including providing ele- ‘‘(D) CITIZEN SUITS.— (4) the most recent scientific studies indi- mental and organic nutrients to the soil, ‘‘(i) IN GENERAL.—A citizen harmed by a cate that several thousand species of plants water retention, and habitat for endemic in- violation of subsection (g)(3)(B) or this sub- and animals are dependent on large, sect species that provide the primary food section may bring a civil action in United unfragmented forest areas; source for predators (including various spe- States district court for a declaratory judg- (5) many neotropical migratory songbird cies of amphibians and birds, such as cavity ment, a temporary restraining order, an in- species are experiencing documented broad- nesting woodpeckers). junction, statutory damages, or other rem- scale population declines and require large, ‘‘(ii) EXCLUSION.— edy against any alleged violator, including unfragmented forests to ensure their sur- ‘‘(I) IN GENERAL.—Subject to subclause (II), the United States. vival; the term ‘selection management’ does not ‘‘(ii) JUDICIAL RELIEF.—If a district court of (6) destruction of large-scale natural for- include an even-age logging operation. the United States determines that a viola- ests has resulted in a tremendous loss of jobs

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in the fishing, hunting, tourism, recreation, sional and Old-Growth Forest Related Spe- (7) WATERSHED PROTECTION AREA.—The and guiding industries, and has adversely af- cies Within the Range of the Northern Spot- term ‘‘watershed protection area’’ means fected sustainable nontimber forest products ted Owl, Vol. I.’’, and dated February 1994; Federal land that extends— industries such as the collection of mush- and (A) 300 feet from both sides of the active rooms and herbs; (ii) Federal land identified by the term stream channel of any permanently flowing (7) extractive logging programs on Federal ‘‘medium and large conifer multi-storied, stream or river; land are carried out at enormous financial canopied forests’’ as defined in the report de- (B) 100 feet from both sides of the active costs to the Treasury and taxpayers of the scribed in clause (i); channel of any intermittent, ephemeral, or United States; (B) the eastside Cascade Ancient forests, seasonal stream, or any other nonperma- (8) Ancient forests continue to be threat- including— nently flowing drainage feature having a de- ened by logging and deforestation and are (i) Federal land identified as ‘‘Late-Succes- finable channel and evidence of annual scour rapidly disappearing; sion/Old-growth Forest (LS/OG)’’ depicted on or deposition of flow-related debris; (9) Ancient forests help regulate atmos- maps for the Colville National Forest, Fre- (C) 300 feet from the edge of the maximum pheric balance, maintain biodiversity, and mont National Forest, Malheur National level of any natural lake or pond; or provide valuable scientific opportunity for Forest, Ochoco National Forest, Umatilla (D) 150 feet from the edge of the maximum monitoring the health of the planet; National Forest, Wallowa-Whitman National level of a constructed lake, pond, or res- (10) prohibiting extractive logging in the Forest, and Winema National Forest in the ervoir, or a natural or constructed wetland. Ancient forests would create the best condi- report entitled ‘‘Interim Protection for Late- SEC. 203. DESIGNATION OF SPECIAL AREAS. tions for ensuring stable, well distributed, Successional Forests, Fisheries, and Water- (a) IN GENERAL.— and viable populations of the northern spot- sheds: National Forests East of the Cascade (1) FINDING.—A special area shall possess at ted owl, marbled murrelet, American Crest, Oregon, and Washington’’, prepared by least 1 of the values described in paragraphs marten, and other vertebrates, inverte- the Eastside Forests Scientific Society (2) through (5). brates, vascular plants, and nonvascular Panel (The Wildlife Society, Technical Re- (2) BIOLOGICAL VALUES.—The biological val- plants associated with those forests; view 94–2, August 1994); ues of a special area may include the pres- (11) prohibiting extractive logging in the (ii) Federal land east of the Cascade crest ence of— Ancient forests would create the best condi- in the States of Oregon and Washington, de- (A) threatened species or endangered spe- tions for ensuring stable, well distributed, fined as ‘‘late successional and old-growth cies of plants or animals; and viable populations of anadromous forests’’ in the general definition on page 28 (B) rare or endangered ecosystems; salmonids, resident salmonids, and bull of the report described in clause (i); and (C) key habitats necessary for the recovery trout; (iii) Federal land classified as ‘‘Oregon of endangered species or threatened species; (12) roadless areas are de facto wilderness Aquatic Diversity Areas’’, as defined in the (D) recovery or restoration areas of rare or that provide wildlife habitat and recreation; report described in clause (i); and underrepresented forest ecosystems; (13) large unfragmented forests, contained (C) the Sierra Nevada Ancient forests, in- (E) migration corridors; in large part on roadless areas on Federal cluding— (F) areas of outstanding biodiversity; land, are among the last refuges for native (i) Federal land identified as ‘‘Areas of (G) old growth forests; animal and plant biodiversity, and are vital Late-Successional Emphasis (ALSE)’’ in the (H) commercial fisheries; and to maintaining viable populations of threat- report entitled, ‘‘Final Report to Congress: (I) sources of clean water such as key wa- ened, endangered, sensitive, and rare species; Status of the Sierra Nevada’’, prepared by tersheds. (14) roads cause soil erosion, disrupt wild- the Sierra Nevada Ecosystem Project (3) SCENIC VALUES.—The scenic values of a life migration, and allow nonnative species (Wildland Resources Center Report #40, Uni- special area may include the presence of— of plants and animals to invade native for- versity of California, Davis, 1996/97); (A) unusual geological formations; ests; (ii) Federal land identified as ‘‘Late-Suc- (B) designated wild and scenic rivers; (15) the mortality and reproduction pat- cession/Old-Growth Forests Rank 3, 4 or 5’’ in (C) unique biota; and terns of forest dwelling animal populations the report described in clause (i); and (D) vistas. are adversely affected by traffic-related fa- (iii) Federal land identified as ‘‘Potential (4) RECREATIONAL VALUES.—The rec- talities that accompany roads; Aquatic Diversity Management Areas’’ on reational values of a special area may in- (16) the exceptional recreational, biologi- the map on page 1497 of Volume II of the re- clude the presence of— cal, scientific, or economic assets of certain port described in clause (i). (A) designated national recreational trails special forested areas on Federal land are (2) EXTRACTIVE LOGGING.—The term ‘‘ex- or recreational areas; valuable to the public of the United States tractive logging’’ means the felling or re- (B) areas that are popular for such recre- and are damaged by extractive logging; moval of any trees from Federal forest land ation and sporting activities as— (17) in order to gauge the effectiveness and for any purpose. (i) hunting; appropriateness of current and future re- (3) IMPROVED ROAD.—The term ‘‘improved (ii) fishing; source management activities, and to con- road’’ means any road maintained for travel (iii) camping; tinue to broaden and develop our under- by standard passenger type vehicles. (iv) hiking; standing of silvicultural practices, many (4) ROADLESS AREA.—The term ‘‘roadless (v) aquatic recreation; and special forested areas need to remain in a area’’ means a contiguous parcel of Federal (vi) winter recreation; natural, unmanaged state to serve as sci- land that is— (C) Federal land in regions that are under- entifically established baseline control for- (A) devoid of improved roads, except as served in terms of recreation; ests; provided in subparagraph (B); and (D) land adjacent to designated wilderness (18) certain special forested areas provide (B) composed of— areas; and habitat for the survival and recovery of en- (i) at least 1,000 acres west of the 100th me- (E) solitude. dangered and threatened plant and wildlife ridian (with up to 1⁄2 mile of improved roads (5) CULTURAL VALUES.—The cultural values species, such as grizzly bears, spotted owls, per 1,000 acres); of a special area may include the presence Pacific salmon, and Pacific yew, that are (ii) at least 1,000 acres east of the 100th me- of— harmed by extractive logging; ridian (with up to 1⁄2 mile of improved roads (A) sites with Native American religious (19) many special forested areas on Federal per 1,000 acres); or significance; and land are considered sacred sites by native (iii) less than 1,000 acres, but share a bor- (B) historic or prehistoric archaeological peoples; and der that is not an improved road with a wil- sites eligible for listing on the national his- (20) as a legacy for the enjoyment, knowl- derness area, primitive area, or wilderness toric register. edge, and well-being of future generations, study area. provisions must be made for the protection (5) SECRETARY.—The term ‘‘Secretary’’, (b) SIZE VARIATION.—A special area may and perpetuation of the Ancient forests, with respect to any Federal land in an An- vary in size to encompass the outstanding bi- roadless areas, watershed protection areas, cient forest, roadless area, watershed protec- ological, scenic, recreational, or cultural and special areas of the United States. tion area, or special area, means the head of value or values to be protected. SEC. 202. DEFINITIONS. the Federal agency having jurisdiction over (c) DESIGNATION OF SPECIAL AREAS.—There In this title: the Federal land. are designated the following special areas, (1) ANCIENT FOREST.—The term ‘‘Ancient (6) SPECIAL AREA.—The term ‘‘special area’’ which shall be subject to the management forest’’ means— means an area of Federal forest land des- restrictions specified in section 204: (A) the northwest Ancient forests, includ- ignated under section 3 that may not meet (1) ALABAMA.— ing— the definition of an Ancient forest, roadless (A) SIPSEY WILDERNESS HEADWATERS.—Cer- (i) Federal land identified as late-succes- area, or watershed protection area, but tain land in the Bankhead National Forest, sional reserves, riparian reserves, and key that— Bankhead Ranger District, in Lawrence watersheds under the heading ‘‘Alternative (A) possesses outstanding biological, sce- County, totaling approximately 22,000 acres, 1’’ of the report entitled ‘‘Final Supple- nic, recreational, or cultural values; and located directly north and upstream of the mental Environmental Impact Statement on (B) is exemplary on a regional, national, or Sipsey Wilderness, and directly south of For- Management of Habitat for Late-Succes- international level. est Road 213.

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(B) BRUSHY FORK.—Certain land in the land that has not been designated as a wil- ray County, Fannin County, and Gilmer Bankhead National Forest, Bankhead Rang- derness area before the date of enactment of County. er District, in Lawrence County, totaling ap- this Act, located in the watershed of Big (E) DUNCAN RIDGE CLUSTER.—Certain land proximately 6,200 acres, bounded by Forest Creek southwest of the Leatherwood Wilder- in the Chattahoochee National Forest, Roads 249, 254, and 246 and Alabama Highway ness Area, Searcy County and Marion Coun- Brasstown and Toccoa Ranger Districts, to- 33. ty, and known as the ‘‘Lower Buffalo River taling approximately 17,000 acres, known as (C) REBECCA MOUNTAIN.—Certain land in Watershed’’. the ‘‘Duncan Ridge Cluster’’, comprised of the Talladega National Forest, Talladega (E) UPPER BUFFALO RIVER WATERSHED.— the parcels known as ‘‘Licklog Mountain’’, Ranger District, Talladega County and Clay Certain land in the Ozark National Forest, ‘‘Duncan Ridge’’, ‘‘Board Camp’’, and ‘‘Coo- County, totaling approximately 9,000 acres, Buffalo Ranger District, totaling approxi- per Creek Scenic Area Extension’’, approxi- comprised of all Talladega National Forest mately 220,000 acres, comprised of Forest mately 10 to 15 miles south of the town of lands south of Forest Roads 621 and 621 B, Service that has not been designated as a Blairsville, in Union County and Fannin east of Alabama Highway 48/77 and County wilderness area before the date of enactment County. Highway 308, and north of the power trans- of this Act, known as the ‘‘Upper Buffalo (F) ED JENKINS NATIONAL RECREATION AREA mission line. River Watershed’’, located approximately 35 CLUSTER.—Certain land in the Chattahoochee (D) AUGUSTA MINE RIDGE.—Certain land in miles from the town of Harrison, Madison National Forest, Toccoa and Chestatee the Talladega National Forest, Shoal Creek County, Newton County, and Searcy County, Ranger Districts, totaling approximately Ranger District, Cherokee County and upstream of the confluence of the Buffalo 19,300 acres, known as the ‘‘Ed Jenkins Na- Cleburn County, totaling approximately 6,000 River and Richland Creek in the watersheds tional Recreation Area Cluster’’, comprised acres, and comprised of all Talladega Na- of— of the Springer Mountain, Mill Creek, and tional Forest land north of the Chief Ladiga (i) the Buffalo River; Toonowee parcels, 30 miles north of the town Rail Trail. (ii) the various streams comprising the of Dahlonega, in Fannin County, Dawson (E) MAYFIELD CREEK.—Certain land in the Headwaters of the Buffalo River; County, and Lumpkin County. Talladega National Forest, Oakmulgee (iii) Richland Creek; (G) GAINESVILLE RIDGES CLUSTER.—Certain Ranger District, in Rail County, totaling ap- land in the Chattahoochee National Forest, proximately 4,000 acres, and bounded by For- (iv) Little Buffalo Headwaters; est Roads 731, 723, 718, and 718A. (v) Edgmon Creek; Chattooga Ranger District, totaling approxi- (vi) Big Creek; and mately 14,200 acres, known as the ‘‘Gaines- (F) BEAR BAY.—Certain land in the Conecuh National Forest, Conecuh District, (vii) Cane Creek. ville Ridges Cluster’’, comprised of 3 parcels in Covington County, totaling approximately (5) COLORADO: COCHETOPA HILLS.—Certain known as ‘‘Panther Creek’’, ‘‘Tugaloo Up- 3,000 acres, bounded by County Road 11, For- land in the Gunnison Basin area, known as lands’’, and ‘‘Middle Fork Broad River’’, ap- est Road 305, County Road 3, and the County the ‘‘Cochetopa Hills’’, administered by the proximately 10 miles from the town of Road connecting County Roads 3 and 11. Gunnison National Forest, Grand Mesa Na- Toccoa, in Habersham County and Stephens (2) ALASKA.— tional Forest, Uncompahgre National Forest, County. (A) TURNAGAIN ARM.—Certain land in the and Rio Grand National Forest, totaling ap- (H) NORTHERN BLUE RIDGE CLUSTER, GEOR- Chugach National Forest, on the Kenai Pe- proximately 500,000 acres, spanning the con- GIA AREAS.—Certain land in the Chattahoo- ninsula, totaling approximately 100,000 acres, tinental divide south and east of the city of chee National Forest, Brasstown and extending from sea level to ridgetop sur- Gunnison, in Saguache County, and includ- Tallulah Ranger Districts, totaling approxi- rounding the inlet of Turnagain Arm, known ing— mately 46,000 acres, known as the ‘‘Northern as ‘‘Turnagain Arm’’. (A) Elk Mountain and West Elk Mountain; Blue Ridge Cluster, Georgia Areas’’, com- (B) HONKER DIVIDE.—Certain land in the (B) the Grand Mesa; prised of 8 areas known as ‘‘Andrews Cove’’, Tongass National Forest, totaling approxi- (C) the Uncompahgre Plateau; ‘‘Anna Ruby Falls Scenic Area Extension’’, mately 75,000 acres, located on north central (D) the northern San Juan Mountains; ‘‘High Shoals’’, ‘‘Tray Mountain Extension’’, Prince of Wales Island, comprising the (E) the La Garitas Mountains; and ‘‘Kelly Ridge-Moccasin Creek’’, ‘‘Buzzard Thorne River and Hatchery Creek water- (F) the Cochetopa Hills. Knob’’, ‘‘Southern Nantahala Extension’’, sheds, stretching approximately 40 miles (6) GEORGIA.— and ‘‘Patterson Gap’’, approximately 5 to 15 northwest from the vicinity of the town of (A) ARMUCHEE CLUSTER.—Certain land in miles north of Helen, 5 to 15 miles southeast Thorne Bay to the vicinity of the town of the Chattahoochee National Forest, of Hiawassee, north of Clayton, and west of Coffman Cove, generally known as the Armuchee Ranger District, known as the Dillard, in White County, Towns County, and ‘‘Honker Divide’’. ‘‘Armuchee Cluster’’, totaling approximately Rabun County. (3) ARIZONA: NORTH RIM OF THE GRAND CAN- 19,700 acres, comprised of 3 parcels known as (I) RICH MOUNTAIN CLUSTER.—Certain land YON.—Certain land in the Kaibab National ‘‘Rocky Face’’, ‘‘Johns Mountain’’, and ‘‘Hid- in the Chattahoochee National Forest, Forest that is included in the Grand Canyon den Creek’’, located approximately 10 miles Toccoa Ranger District, totaling approxi- Game Preserve, totaling approximately southwest of Dalton and 14 miles north of mately 9,500 acres, known as the ‘‘Rich 500,000 acres, abutting the northern side of Rome, in Whitfield County, Walker County, Mountain Cluster’’, comprised of the parcels the Grand Canyon in the area generally Chattooga County, Floyd County, and Gor- known as ‘‘Rich Mountain Extension’’ and known as the ‘‘North Rim of the Grand Can- don County. ‘‘Rocky Mountain’’, located 10 to 15 miles yon’’. (B) BLUE RIDGE CORRIDOR CLUSTER, GEORGIA northeast of the town of Ellijay, in Gilmer (4) ARKANSAS.— AREAS.—Certain land in the Chattahoochee County and Fannin County. (A) COW CREEK DRAINAGE, ARKANSAS.—Cer- National Forest, Chestatee Ranger District, (J) WILDERNESS HEARTLANDS CLUSTER, tain land in the Ouachita National Forest, totaling approximately 15,000 acres, known GEORGIA AREAS.—Certain land in the Chat- Mena Ranger District, in Polk County, total- as the ‘‘Blue Ridge Corridor Cluster, Georgia tahoochee National Forest, Chestatee, ing approximately 7,000 acres, known as Areas’’, comprised of 5 parcels known as Brasstown and Chattooga Ranger Districts, ‘‘Cow Creek Drainage, Arkansas’’, and ‘‘Horse Gap’’, ‘‘Hogback Mountain’’, totaling approximately 16,500 acres, known bounded approximately— ‘‘Blackwell Creek’’, ‘‘Little Cedar Moun- as the ‘‘Wilderness Heartlands Cluster, Geor- (i) on the north, by County Road 95; tain’’, and ‘‘Black Mountain’’, located ap- gia Areas’’, comprised of 4 parcels known as (ii) on the south, by County Road 157; proximately 15 to 20 miles north of the town the ‘‘Blood Mountain Extensions’’, ‘‘Raven (iii) on the east, by County Road 48; and of Dahlonega, in Union County and Lumpkin Cliffs Extensions’’, ‘‘Mark Trail Extensions’’, (iv) on the west, by the Arkansas-Okla- County. and ‘‘Brasstown Extensions’’, near the towns homa border. (C) CHATTOOGA WATERSHED CLUSTER, GEOR- of Dahlonega, Cleveland, Helen, and (B) LEADER AND BRUSH MOUNTAINS.—Cer- GIA AREAS.—Certain land in the Chattahoo- Blairsville, in Lumpkin County, Union Coun- tain land in the Ouachita National Forest, chee National Forest, Tallulah Ranger Dis- ty, White County, and Towns County. Montgomery County and Polk County, total- trict, totaling 63,500 acres, known as the (7) IDAHO.— ing approximately 120,000 acres, known as ‘‘Chattooga Watershed Cluster, Georgia (A) COVE/MALLARD.—Certain land in the ‘‘Leader Mountain’’ and ‘‘Brush Mountain’’, Areas’’, comprised of 7 areas known as Nez Perce National Forest, totaling approxi- located in the vicinity of the Blaylock Creek ‘‘Rabun Bald’’, ‘‘Three Forks’’, ‘‘Ellicott mately 94,000 acres, located approximately 30 Watershed between Long Creek and the Rock Extension’’, ‘‘Rock Gorge’’, ‘‘Big miles southwest of the town of Elk City, and South Fork of the Saline River. Shoals’’, ‘‘Thrift’s Ferry’’, and ‘‘Five Falls’’, west of the town of Dixie, in the area gen- (C) POLK CREEK AREA.—Certain land in the in Rabun County, near the towns of Clayton, erally known as ‘‘Cove/Mallard’’. Ouachita National Forest, Mena Ranger Dis- Georgia, and Dillard, South Carolina. (B) MEADOW CREEK.—Certain land in the trict, totaling approximately 20,000 acres, (D) COHUTTA CLUSTER.—Certain land in the Nez Perce National Forest, totaling approxi- bounded by Arkansas Highway 4 and Forest Chattahoochee National Forest, Cohutta mately 180,000 acres, located approximately 8 Roads 73 and 43, known as the ‘‘Polk Creek Ranger District, totaling approximately miles east of the town of Elk City in the area area’’. 28,000 acres, known as the ‘‘Cohutta Clus- generally known as ‘‘Meadow Creek’’. (D) LOWER BUFFALO RIVER WATERSHED.— ter’’, comprised of 4 parcels known as (C) FRENCH CREEK/PATRICK BUTTE.—Certain Certain land in the Ozark National Forest, ‘‘Cohutta Extensions’’, ‘‘Grassy Mountain’’, land in the Payette National Forest, totaling Sylamore Ranger District, totaling approxi- ‘‘Emery Creek’’, and ‘‘Mountaintown’’, near approximately 141,000 acres, located approxi- mately 6,000 acres, including Forest Service the towns of Chatsworth and Ellijay, in Mur- mately 20 miles north of the town of McCall

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in the area generally known as ‘‘French (D) JEMEZ HIGHLANDS.—Certain land in the proximately 52,000 acres, known as the ‘‘Pis- Creek/Patrick Butte’’. Jemez Ranger District of the Santa Fe Na- gah Cluster, North Carolina Areas’’, com- (8) ILLINOIS.— tional Forest, totaling approximately 54,400 prised of 5 parcels known as ‘‘Shining Rock (A) CRIPPS BEND.—Certain land in the acres, known as the ‘‘Jemez Highlands’’, lo- and Middle Prong Extensions’’, ‘‘Daniel Shawnee National Forest, totaling approxi- cated primarily in Sandoval County. Ridge’’, ‘‘Cedar Rock Mountain’’, ‘‘South mately 39 acres, located in Jackson County (14) NORTH CAROLINA.— Mills River’’, and ‘‘Laurel Mountain’’, 5 to 12 in the Big Muddy River watershed, in the (A) CENTRAL NANTAHALA CLUSTER, NORTH miles north of the town of Brevard and area generally known as ‘‘Cripps Bend’’. CAROLINA AREAS.—Certain land in the southwest of the city of Asheville, in Hay- (B) OPPORTUNITY AREA 6.—Certain land in Nantahala National Forest, Tusquitee, wood County, Transylvania County, and the Shawnee National Forest, totaling ap- Cheoah, and Wayah Ranger Districts, total- Henderson County. proximately 50,000 acres, located in northern ing approximately 107,000 acres, known as (J) WILDCAT.—Certain land in the Pisgah Pope County surrounding Bell Smith Springs the ‘‘Central Nantahala Cluster, North Caro- National Forest, French Broad Ranger Dis- Natural Area, in the area generally known as lina Areas’’, comprised of 9 parcels known as trict, totaling approximately 6,500 acres, ‘‘Opportunity Area 6’’. ‘‘Tusquitee Bald’’, ‘‘Shooting Creek Bald’’, known as ‘‘Wildcat’’, located 20 miles north- (C) QUARREL CREEK.—Certain land in the ‘‘Cheoah Bald’’, ‘‘Piercy Bald’’, ‘‘Wesser west of the town of Canton, in Haywood Shawnee National Forest, totaling approxi- Bald’’, ‘‘Tellico Bald’’, ‘‘Split White Oak’’, County. mately 490 acres, located in northern Pope ‘‘Siler Bald’’, and ‘‘Southern Nantahala Ex- (15) OHIO.— County in the Quarrel Creek watershed, in tensions’’, near the towns of Murphy, Frank- (A) ARCHERS FORK COMPLEX.—Certain land the area generally known as ‘‘Quarrel lin, Bryson City, Andrews, and Beechertown, in the Marietta Unit of the Athens Ranger Creek’’. in Cherokee County, Macon County, Clay District, in the Wayne National Forest, in (9) MICHIGAN: TRAP HILLS.—Certain land in County, and Swain County. Washington County, known as ‘‘Archers the Ottawa National Forest, Bergland Rang- (B) CHATTOOGA WATERSHED CLUSTER, NORTH Fork Complex’’, totaling approximately er District, totaling approximately 37,120 CAROLINA AREAS.—Certain land in the 18,350 acres, located northeast of Newport acres, known as the ‘‘Trap Hills’’, located ap- Nantahala National Forest, Highlands Rang- and bounded— proximately 5 miles from the town of er District, totaling approximately 8,000 (i) on the northwest, by State Highway 26; Bergland, in Ontonagon County. acres, known as the ‘‘Chattooga Watershed (ii) on the northeast, by State Highway 260; (10) MINNESOTA.— Cluster, North Carolina Areas’’, comprised of (iii) on the southeast, by the Ohio River; (A) TROUT LAKE AND SUOMI HILLS.—Certain the Overflow (Blue Valley) and Terrapin and land in the Chippewa National Forest, total- Mountain parcels, 5 miles from the town of (iv) on the southwest, by Bear Run and ing approximately 12,000 acres, known as Highlands, in Macon County and Jackson Danas Creek. ‘‘Trout Lake/Suomi Hills’’ in Itasca County. County. (B) BLUEGRASS RIDGE.—Certain land in the (B) LULLABY WHITE PINE RESERVE.—Certain (C) TENNESSEE BORDER CLUSTER, NORTH Ironton Ranger District on the Wayne Na- land in the Superior National Forest, CAROLINA AREAS.—Certain land in the tional Forest, in Lawrence County, known as Gunflint Ranger District, totaling approxi- Nantahala National Forest, Tusquitee and ‘‘Bluegrass Ridge’’, totaling approximately mately 2,518 acres, in the South Brule Oppor- Cheoah Ranger Districts, totaling approxi- 4,000 acres, located 3 miles east of Etna in tunity Area, northwest of Grand Marais in mately 28,000 acres, known as the ‘‘Ten- Township 4 North, Range 17 West, Sections Cook County, known as the ‘‘Lullaby White nessee Border Cluster, North Carolina 19 through 23 and 27 through 30. Pine Reserve’’. Areas’’, comprised of the 4 parcels known as (C) BUFFALO CREEK.—Certain land in the (11) MISSOURI: ELEVEN POINT-BIG SPRINGS the ‘‘Unicoi Mountains’’, ‘‘Deaden Tree’’, Ironton Ranger District of the Wayne Na- AREA.—Certain land in the Mark Twain Na- ‘‘Snowbird’’, and ‘‘Joyce Kilmer-Slickrock tional Forest, Lawrence County, Ohio, tional Forest, Eleven Point Ranger District, Extension’’, near the towns of Murphy and known as ‘‘Buffalo Creek’’, totaling approxi- totaling approximately 200,000 acres, com- Robbinsville, in Cherokee County and Gra- mately 6500 acres, located 4 miles northwest prised of the administrative area of the Elev- ham County. of Waterloo in Township 5 North, Ranger 17 en Point Ranger District, known as the (D) BALD MOUNTAINS.—Certain land in the West, sections 3 through 10 and 15 through ‘‘Eleven Point-Big Springs Area’’. Pisgah National Forest, French Broad Rang- 18. (12) MONTANA: MOUNT BUSHNELL.—Certain er District, totaling approximately 13,000 (D) LAKE VESUVIUS.—Certain land in the land in the Lolo National Forest, totaling acres known as the ‘‘Bald Mountains’’, lo- Ironton Ranger District of the Wayne Na- approximately 41,000 acres, located approxi- cated 12 miles northeast of the town of Hot tional Forest, in Lawrence County, totaling mately 5 miles southwest of the town of Springs, in Madison County. approximately 4,900 acres, generally known Thompson Falls in the area generally known (E) BIG IVY TRACT.—Certain land in the Pis- as ‘‘Lake Vesuvius’’, located to the east of as ‘‘Mount Bushnell’’. gah National Forest, totaling approximately Etna in Township 2 North, Range 18 West, (13) NEW MEXICO.— 14,000 acres, located approximately 15 miles and bounded— (A) ANGOSTURA.—Certain land in the east- west of Mount Mitchell in the area generally (i) on the southwest, by State Highway 93; ern half of the Carson National Forest, Ca- known as the ‘‘Big Ivy Tract’’. and mino Real Ranger District, totaling approxi- (F) BLACK MOUNTAINS CLUSTER, NORTH (ii) on the northwest, by State Highway 4. mately 10,000 acres, located in Township 21, CAROLINA AREAS.—Certain land in the Pisgah (E) MORGAN SISTERS.—Certain land in the Ranges 12 and 13, known as ‘‘Angostura’’, National Forest, Toecane and Grandfather Ironton Ranger District of the Wayne Na- and bounded— Ranger Districts, totaling approximately tional Forest, in Lawrence County, known as (i) on the northeast, by Highway 518; 62,000 acres, known as the ‘‘Black Mountains ‘‘Morgan Sisters’’, totaling approximately (ii) on the southeast, by the Angostura Cluster, North Carolina Areas’’, comprised of 2,500 acres, located 1 mile east of Gallia and Creek watershed boundary; 5 parcels known as ‘‘Craggy Mountains’’, bounded by State Highway 233 in Township 6 (iii) on the southern side, by Trail 19 and ‘‘Black Mountains’’, ‘‘Jarrett Creek’’, ‘‘Mac- North, Range 17 West, sections 13, 14, 23 and the Pecos Wilderness; and key Mountain’’, and ‘‘Woods Mountain’’, 24 and Township 5 North, Range 16 West, sec- (iv) on the west, by the Agua Piedra Creek near the towns of Burnsville, Montreat and tions 18 and 19. watershed. Marion, in Buncombe County, Yancey Coun- (F) UTAH RIDGE.—Certain land in the Ath- (B) LA MANGA.—Certain land in the western ty, and McDowell County. ens Ranger District of the Wayne National half of the Carson National Forest, El Rito (G) LINVILLE CLUSTER.—Certain land in the Forest, in Athens County, known as ‘‘Utah Ranger District, at the Vallecitos Sustained Pisgah National Forest, Grandfather Dis- Ridge’’, totaling approximately 9,000 acres, Yield Unit, totaling approximately 5,400 trict, totaling approximately 42,000 acres, located 1 mile northwest of Chauncey and acres, known as ‘‘La Manga’’, in Township known as the ‘‘Linville Cluster’’, comprised bounded— 27, Range 6, and bounded— of 7 parcels known as ‘‘Dobson Knob’’, (i) on the southeast, by State Highway 682 (i) on the north, by the Tierra Amarilla ‘‘Linville Gorge Extension’’, ‘‘Steels Creek’’, and State Highway 13; Land Grant; ‘‘Sugar Knob’’, ‘‘Harper Creek’’, ‘‘Lost (ii) on the southwest, by US Highway 33 (ii) on the south, by Canada Escondida; Cove’’, and ‘‘Upper Wilson Creek’’, near the and State Highway 216; and (iii) on the west, by the Sustained Yield towns of Marion, Morgantown, Spruce Pine, (iii) on the north, by State Highway 665. Unit boundary and the Tierra Amarilla Land Linville, and Blowing Rock, in Burke Coun- (G) WILDCAT HOLLOW.—Certain land in the Grant; and ty, McDowell County, Avery County, and Athens Ranger District of the Wayne Na- (iv) on the east, by the Rio Vallecitos. Caldwell County. tional Forest, in Perry County and Morgan (C) ELK MOUNTAIN.—Certain land in the (H) NOLICHUCKY, NORTH CAROLINA AREA.— County, known as ‘‘Wildcat Hollow’’, total- Santa Fe National Forest, totaling approxi- Certain land in the Pisgah National Forest, ing approximately 4,500 acres, located 1 mile mately 7,220 acres, known as ‘‘Elk Moun- Toecane Ranger District, totaling approxi- east of Corning in Township 12 North, Range tain’’ located in Townships 17 and 18 and mately 4,000 acres, known as the 14 West, sections 1, 2, 11–14, 23 and 24 and Ranges 12 and 13, and bounded— ‘‘Nolichucky, North Carolina Area’’, located Township 8 North, Range 13 West, sections 7, (i) on the north, by the Pecos Wilderness; 25 miles northwest of Burnsville, in Mitchell 18, and 19. (ii) on the east, by the Cow Creek Water- County and Yancey County. (16) OKLAHOMA: COW CREEK DRAINAGE, OKLA- shed; (I) PISGAH CLUSTER, NORTH CAROLINA HOMA.—Certain land in the Ouachita Na- (iii) on the west, by the Cow Creek; and AREAS.—Certain land in the Pisgah National tional Forest, Mena Ranger District, in Le (iv) on the south, by Rito de la Osha. Forest, Pisgah Ranger District, totaling ap- Flore County, totaling approximately 3,000

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11575 acres, known as ‘‘Cow Creek Drainage, Okla- (II) on the east, by Salmon Creek; (iii) on the north, by Hoffman Farm Recre- homa’’, and bounded approximately— (III) on the southeast and southwest, by ation Area and Forest Service Road 486; (A) on the west, by the Beech Creek Na- private land; and (iv) on the northeast, by private land and tional Scenic Area; (IV) on the south, by Forest Service Road State Route 6; (B) on the north, by State Highway 63; 210; and (v) on the east, by private land south to (C) on the east, by the Arkansas-Oklahoma (ii) including the lower reaches of Bear Forest Road 133, then by snowmobile trail border; and Creek. from Forest Road 133 to Windy City, then by (D) on the south, by County Road 9038 on (G) THE LEWIS RUN SPECIAL AREA.—Certain private land and Forest Road 327 to Russell the south. land in the Allegheny National Forest, Brad- City; and (17) OREGON: APPLEGATE WILDERNESS.—Cer- ford Ranger District, McKean County, total- (vi) on the southwest, by State Routes 66 tain land in the Siskiyou National Forest ing approximately 500 acres, and comprised and 948. and Rogue River National Forest, totaling of Allegheny National Forest land north and (19) SOUTH CAROLINA.— approximately 20,000 acres, approximately 20 east of Forest Service Road 312.3, including (A) BIG SHOALS, SOUTH CAROLINA AREA.— miles southwest of the town of Grants Pass land known as the ‘‘Lewis Run Natural Certain land in the Sumter National Forest, and 10 miles south of the town of Williams, Area’’ and consisting of land within Com- Andrew Pickens Ranger District, in Oconee in the area generally known as the ‘‘Apple- partment 466, Stands 1–3, 5–8, 10–14, and 18–27. County, totaling approximately 2,000 acres, gate Wilderness’’. (H) THE MILL CREEK SPECIAL AREA.—Certain known as ‘‘Big Shoals, South Carolina (18) PENNSYLVANIA.— land in the Allegheny National Forest, Area’’, 15 miles south of Highlands, North (A) THE BEAR CREEK SPECIAL AREA.—Cer- Marienville Ranger District, Elk County, to- Carolina. tain land in the Allegheny National Forest, taling approximately 2,000 acres, and com- (B) BRASSTOWN CREEK, SOUTH CAROLINA Marienville Ranger District, Elk County, to- prised of Allegheny National Forest land AREA.—Certain land in the Sumter National taling approximately 7,800 acres, and com- within a 1-mile radius of the confluence of Forest, Andrew Pickens Ranger District, in prised of Allegheny National Forest land Red Mill Run and Big Mill Creek and known Oconee County, totaling approximately 3,500 bounded— as the ‘‘Mill Creek Natural Area’’. acres, known as ‘‘Brasstown Creek, South (i) on the west, by Forest Service Road 136; (I) THE MILLSTONE CREEK SPECIAL AREA.— Carolina Area’’, approximately 15 miles west (ii) on the north, by Forest Service Roads Certain land in the Allegheny National For- of Westminster, South Carolina. 339 and 237; est, Marienville Ranger District, Forest (C) CHAUGA.—Certain land in the Sumter (iii) on the east, by Forest Service Road County, totaling approximately 30,000 acres, National Forest, Andrew Pickens Ranger 143; and and comprised of Allegheny National Forest District, in Oconee County, totaling approxi- (iv) on the south, by Forest Service Road land bounded— mately 16,000 acres, known as ‘‘Chauga’’, ap- 135. (i) on the north, by State Route 66; proximately 10 miles west of Walhalla, South (B) THE BOGUS ROCKS SPECIAL AREA.—Cer- (ii) on the northeast, by Forest Service Carolina. tain land in the Allegheny National Forest, Road 226; (D) DARK BOTTOMS.—Certain land in the Marienville Ranger District, Forest County, (iii) on the east, by Forest Service Roads Sumter National Forest, Andrew Pickens totaling approximately 1,015 acres, and com- 130, 774, and 228; Ranger District, in Oconee County, totaling prised of Allegheny National Forest land in (iv) on the southeast, by State Road 3002 approximately 4,000 acres, known as ‘‘Dark compartment 714 bounded— and Forest Service Road 189; Bottoms’’, approximately 10 miles northwest (i) on the northeast and east, by State (v) on the south, by the Clarion River; and of Westminster, South Carolina. Route 948; (vi) on the southwest, west, and northwest, (E) ELLICOTT ROCK EXTENSION, SOUTH CARO- (ii) on the south, by State Route 66; by private land. LINA AREA.—Certain land in the Sumter Na- (iii) 0n the southwest and west, by Town- (J) THE MINISTER CREEK SPECIAL AREA.— tional Forest, Andrew Pickens Ranger Dis- ship Road 370; Certain land in the Allegheny National For- trict, in Oconee County, totaling approxi- (iv) on the northwest, by Forest Service est, Bradford Ranger District, Warren Coun- mately 2,000 acres, known as ‘‘Ellicott Rock Road 632; and ty, totalling approximately 6,600 acres, and Extension, South Carolina Area’’, located ap- (v) on the north, by a pipeline. comprised of Allegheny National Forest land proximately 10 miles south of Cashiers, (C) THE CHAPPEL FORK SPECIAL AREA.—Cer- bounded— North Carolina. tain land in the Allegheny National Forest, (i) on the north, by a snowmobile trail; (F) FIVE FALLS, SOUTH CAROLINA AREA.— Bradford Ranger District, McKean County, (ii) on the east, by Minister Road; Certain land in the Sumter National Forest, totaling approximately 10,000 acres, and (iii) on the south, by State Route 666 and Andrew Pickens Ranger District, in Oconee comprised of Allegheny National Forest land private land; County, totaling approximately 3,500 acres, bounded— (iv) on the southwest, by Forest Service known as ‘‘Five Falls, South Carolina Area’’, (i) on the south and southeast, by State Road 420; and approximately 10 miles southeast of Clayton, Road 321; (v) on the west, by warrants 3109 and 3014. Georgia. (ii) on the south, by Chappel Bay; (K) THE MUZETTE SPECIAL AREA.—Certain (G) PERSIMMON MOUNTAIN.—Certain land in (iii) on the west, by the Allegheny Res- land in the Allegheny National Forest, the Sumter National Forest, Andrew Pickens ervoir; Marienville Ranger District, Forest County, Ranger District, in Oconee County, totaling (iv) on the north, by State Route 59; and totaling approximately 325 acres, and com- approximately 7,000 acres, known as ‘‘Per- (v) on the east, by private land. prised of Allegheny National Forest land simmon Mountain’’, approximately 12 miles (D) THE FOOLS CREEK SPECIAL AREA.—Cer- bounded— south of Cashiers, North Carolina. tain land in the Allegheny National Forest, (i) on the west, by 79°16′ longitude, approxi- (H) ROCK GORGE, SOUTH CAROLINA AREA.— Bradford Ranger District, Warren County, mately; Certain land in the Sumter National Forest, totaling approximately 1,500 acres, and com- (ii) on the north, by Forest Service Road Andrew Pickens Ranger District, in Oconee prised of Allegheny National Forest land 561; County, totaling approximately 2,000 acres, south and west of Forest Service Road 255 (iii) on the east, by Forest Service Road known as ‘‘Rock Gorge, South Carolina and west of FR 255A, bounded— 212; and Area’’, 12 miles southeast of Highlands, (i) on the west, by Minister Road; and (iv) on the south, by private land. North Carolina. (ii) on the south, by private land. (L) THE SUGAR RUN SPECIAL AREA.—Certain (I) TAMASSEE.—Certain land in the Sumter (E) THE HICKORY CREEK SPECIAL AREA.—Cer- land in the Allegheny National Forest, Brad- National Forest, Andrew Pickens Ranger tain land in the Allegheny National Forest, ford Ranger District, McKean County, total- District, in Oconee County, totaling approxi- Bradford Ranger District, Warren County, ing approximately 8,800 acres, and comprised mately 5,500 acres, known as ‘‘Tamassee’’, totaling approximately 2,000 acres, and com- of Allegheny National Forest land bounded— approximately 10 miles north of Walhalla, prised of Allegheny National Forest land (i) on the north, by State Route 346 and South Carolina. bounded— private land; (J) THRIFT’S FERRY, SOUTH CAROLINA (i) on the east and northeast, by Heart’s (ii) on the east, by Forest Service Road 137; AREA.—Certain land in the Sumter National Content Road; and Forest, Andrew Pickens Ranger District, in (ii) on the south, by Hickory Creek Wilder- (iii) on the south and west, by State Route Oconee County, totaling approximately 5,000 ness Area; 321. acres, known as ‘‘Thrift’s Ferry, South Caro- (iii) on the northwest, by private land; and (M) THE TIONESTA SPECIAL AREA.—Certain lina Area’’, 10 miles east of Clayton, Georgia. (iv) on the north, by Allegheny Front Na- land in the Allegheny National Forest, Brad- (20) SOUTH DAKOTA.— tional Recreation Area. ford and Marienville Ranger Districts, Elk, (A) BLACK FOX AREA.—Certain land in the (F) THE LAMENTATION RUN SPECIAL AREA.— Forest, McKean, and Warren Counties, total- Black Hills National Forest, totaling ap- Certain land in the Allegheny National For- ling approximately 27,000 acres, and com- proximately 12,400 acres, located in the upper est, Marienville Ranger District, Forest prised of Allegheny National Forest land reaches of the Rapid Creek watershed, County, totaling approximately 4,500 acres, bounded— known as the ‘‘Black Fox Area’’, and roughly and— (i) on the west, by private land and State bounded— (i) comprised of Allegheny National Forest Route 948; (i) on the north, by FDR 206; land bounded— (ii) on the northwest, by Forest Service (ii) on the south, by the steep slopes north (I) on the north, by Tionesta Creek; Road 258; of Forest Road 231; and

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11576 CONGRESSIONAL RECORD — SENATE October 19, 2005 (iii) on the west, by a fork of Rapid Creek. ‘‘Big Laurel Branch Addition’’, ‘‘Hickory (iii) on the east, by Lincoln/Ripton Road; (B) BREAKNECK AREA.—Certain land in the Flat Branch’’, ‘‘Flint Mill’’, ‘‘Lower Iron and Black Hills National Forest, totaling 6,700 Mountain’’, ‘‘Upper Iron Mountain’’, ‘‘Lon- (iv) on the south, by Route 125. acres, located along the northeast edge of don Bridge’’, ‘‘Beaverdam Creek’’, and ‘‘Rod- (24) VIRGINIA.— the Black Hills in the vicinity of the Black gers Ridge’’, located near the towns of Bris- (A) BEAR CREEK.—Certain land in the Jef- Hills National Cemetery and the Bureau of tol and Elizabethton, in Sullivan County and ferson National Forest, Wythe Ranger Dis- Land Management’s Fort Meade Recreation Johnson County. trict, known as ‘‘Bear Creek’’, north of Rural Area, known as the ‘‘Breakneck Area’’, and (E) NORTHERN UNICOI MOUNTAINS CLUSTER.— Retreat, in Smyth County and Wythe Coun- generally— Certain land in the Tellico Ranger District ty. (i) bounded by Forest Roads 139 and 169 on of the Cherokee National Forest, in Monroe (B) CAVE SPRINGS.—Certain land in the Jef- the north, west, and south; and County, totaling approximately 30,453 acres, ferson National Forest, Clinch Ranger Dis- (ii) demarcated along the eastern and west- known as the ‘‘Northern Unicoi Mountain trict, totaling approximately 3,000 acres, ern boundaries by the ridge-crests dividing Cluster’’, comprised of 4 parcels known as known as ‘‘Cave Springs’’, between State the watershed. ‘‘Bald River Gorge Extension’’, ‘‘Upper Bald Route 621 and the North Fork of the Powell (C) NORBECK PRESERVE.—Certain land in River’’, ‘‘Sycamore Creek’’, and ‘‘Brushy River, in Lee County. the Black Hills National Forest, totaling ap- Ridge’’, near the town of Tellico Plains. (C) DISMAL CREEK.—Certain land totaling proximately 27,766 acres, known as the approximately 6,000 acres, in the Jefferson (F) ROAN MOUNTAIN CLUSTER.—Certain land ‘‘Norbeck Preserve’’, and encompassed ap- in the Cherokee National Forest, Unaka and National Forest, Blacksburg Ranger Dis- proximately by a boundary that, starting at trict, known as ‘‘Dismal Creek’’, north of Watauga Ranger Districts, totaling approxi- the southeast corner— State Route 42, in Giles County and Bland mately 23,725 acres known as the ‘‘Roan (i) runs north along FDR 753 and United County. Mountain Cluster’’, comprised of 7 parcels States Highway Alt. 16, then along SD 244 to (D) STONE COAL CREEK.—Certain land in the known as ‘‘Strawberry Mountain’’, ‘‘High- the junction of Palmer Creek Road, which Jefferson National Forest, New Castle Rang- lands of Roan’’, ‘‘Ripshin Ridge’’, ‘‘Doe River serves generally as a northwest limit; er District, totaling approximately 2,000 Gorge Scenic Area’’, ‘‘White Rocks Moun- (ii) heads south from the junction of High- acres, known as ‘‘Stone Coal Creek’’, in tain’’, ‘‘Slide Hollow’’ and ‘‘Watauga Re- ways 87 and 89; Craig County and Botentourt County. serve’’, approximately 8 to 20 miles south of (iii) runs southeast along Highway 87; and (E) WHITE OAK RIDGE: TERRAPIN MOUN- the town of Elizabethton, in Unicoi County, (iv) runs east back to FDR 753, excluding a TAIN.—Certain land in the Glenwood Ranger corridor of private land along FDR 345. Carter County, and Johnson County. District of the Jefferson National Forest, (G) SOUTHERN UNICOI MOUNTAINS CLUSTER.— (D) PILGER MOUNTAIN AREA.—Certain land known as ‘‘White Oak Ridge—Terrapin in the Black Hills National Forest, totaling Certain land in the Hiwassee Ranger District Mountain’’, totaling approximately 8,000 approximately 12,600 acres, known as the of the Cherokee National Forest, in Polk acres, east of the Blue Ridge Parkway, in ‘‘Pilger Mountain Area’’, located in the Elk County, Monroe County, and McMinn Coun- Botentourt County and Rockbridge County. Mountains on the southwest edge of the ty, totaling approximately 11,251 acres, (F) WHITETOP MOUNTAIN.—Certain land in Black Hills, and roughly bounded— known as the ‘‘Southern Unicoi Mountains the Jefferson National Forest, Mt. Rodgers (i) on the east and northeast, by Forest Cluster’’, comprised of 3 parcels known as Recreation Area, totaling 3,500 acres, known Roads 318 and 319; ‘‘Gee Creek Extension’’, ‘‘Coker Creek’’, and as ‘‘Whitetop Mountain’’, in Washington (ii) on the north and northwest, by Road ‘‘Buck Bald’’, near the towns of Etowah, County, Smyth County, and Grayson Coun- 312; and Benton, and Turtletown. ty. (iii) on the southwest, by private land. (H) UNAKA MOUNTAINS CLUSTER, TENNESSEE (G) WILSON MOUNTAIN.—Certain land known (E) STAGEBARN CANYONS.—Certain land in AREAS.—Certain land in the Cherokee Na- as ‘‘Wilson Mountain’’, in the Jefferson Na- the Black Hills National Forest, known as tional Forest, Unaka Ranger District, total- tional Forest, Glenwood Ranger District, to- ‘‘Stagebarn Canyons’’, totaling approxi- ing approximately 15,669 acres, known as the taling approximately 5,100 acres, east of mately 7,300 acres, approximately 10 miles ‘‘Unaka Mountains Cluster, Tennessee Interstate 81, in Botentourt County and west of Rapid City, South Dakota. Areas’’, comprised of 3 parcels known as Rockbridge County. (21) TENNESSEE.— ‘‘Nolichucky’’, ‘‘Unaka Mountain Exten- (H) FEATHERCAMP.—Certain land in the Mt. (A) BALD MOUNTAINS CLUSTER, TENNESSEE sion’’, and ‘‘Stone Mountain’’, approximately Rodgers Recreation Area of the Jefferson Na- AREAS.—Certain land in the Nolichucky and 8 miles from Erwin, in Unicoi County and tional Forest, totaling 4,974 acres, known as Unaka Ranger Districts of the Cherokee Na- Carter County. ‘‘Feathercamp’’, located northeast of the tional Forest, in Cocke County, Green Coun- (22) TEXAS: LONGLEAF RIDGE.—Certain land town of Damascus and north of State Route ty, Washington County, and Unicoi County, in the Angelina National Forest, in Jasper 58 on the Feathercamp ridge, in Washington totaling approximately 46,133 acres, known County and Angelina County, totaling ap- County. as the ‘‘Bald Mountains Cluster, Tennessee proximately 30,000 acres, generally known as (25) WISCONSIN.— Areas’’, and comprised of 10 parcels known as ‘‘Longleaf Ridge’’, and bounded— (A) FLYNN LAKE.—Certain land in the ‘‘Laurel Hollow Mountain’’, ‘‘Devil’s Back- (A) on the west, by Upland Island Wilder- Chequamegon-Nicolet National Forest, bone’’, ‘‘Laurel Mountain’’, ‘‘Walnut Moun- ness Area; Washburn Ranger District, totaling approxi- tain’’, ‘‘Wolf Creek’’, ‘‘Meadow Creek Moun- (B) on the south, by the Neches River; and mately 5,700 acres, known as ‘‘Flynn Lake’’, tain’’, ‘‘Brush Creek Mountain’’, ‘‘Paint (C) on the northeast, by Sam Rayburn Res- in the Flynn Lake semi-primitive non- Creek’’, ‘‘Bald Mountain’’, and ‘‘Sampson ervoir. motorized area, in Bayfield County. Mountain Extension’’, located near the (23) VERMONT.— (B) GHOST LAKE CLUSTER.—Certain land in towns of Newport, Hot Springs, Greeneville, (A) GLASTENBURY AREA.—Certain land in the Chequamegon-Nicolet National Forest, and Erwin. the Green Mountain National Forest, total- Great Divide Ranger District, totaling ap- (B) BIG FROG/COHUTTA CLUSTER.—Certain ing approximately 35,000 acres, located 3 proximately 6,000 acres, known as ‘‘Ghost land in the Cherokee National Forest, in miles northeast of Bennington, generally Lake Cluster’’, including 5 parcels known as Polk County, Ocoee Ranger District, known as the ‘‘Glastenbury Area’’, and ‘‘Ghost Lake’’, ‘‘Perch Lake’’, ‘‘Lower Teal Hiwassee Ranger District, and Tennessee bounded— River’’, ‘‘Foo Lake’’, and ‘‘Bulldog Springs’’, Ranger District, totaling approximately (i) on the north, by Kelly Stand Road; in Sawyer County. 28,800 acres, known as the ‘‘Big Frog/Cohutta (ii) on the east, by Forest Road 71; (C) LAKE OWENS CLUSTER.—Certain land in Cluster’’, comprised of 4 parcels known as (iii) on the south, by Route 9; and the Chequamegon-Nicolet National Forest, ‘‘Big Frog Extensions’’, ‘‘Little Frog Exten- (iv) on the west, by Route 7. Great Divide and Washburn Ranger Dis- sions’’, ‘‘Smith Mountain’’, and ‘‘Rock (B) LAMB BROOK.—Certain land in the tricts, totaling approximately 3,600 acres, Creek’’, located near the towns of Copperhill, Green Mountain National Forest, totaling known as ‘‘Lake Owens Cluster’’, comprised Ducktown, Turtletown, and Benton. approximately 5,500 acres, located 3 miles of parcels known as ‘‘Lake Owens’’, (C) CITICO CREEK WATERSHED CLUSTER TEN- southwest of Wilmington, generally known ‘‘Eighteenmile Creek’’, ‘‘Northeast Lake’’, NESSEE AREAS.—Certain land in the Tellico as ‘‘Lamb Brook’’, and bounded— and ‘‘Sugarbush Lake’’, in Bayfield County. Ranger District of the Cherokee National (i) on the west, by Route 8; (D) MEDFORD CLUSTER.—Certain land in the Forest, in Monroe County, totaling approxi- (ii) on the south, by Route 100; Chequamegon-Nicolet National Forest, Med- mately 14,256 acres, known as the ‘‘Citico (iii) on the north, by Route 9; and ford-Park Falls Ranger District, totaling ap- Creek Watershed Cluster, Tennessee Areas’’, (iv) on the east, by land owned by New proximately 23,000 acres, known as the ‘‘Med- comprised of 4 parcels known as ‘‘Flats England Power Company. ford Cluster’’, comprised of 12 parcels known Mountain’’, ‘‘Miller Ridge’’, ‘‘Cowcamp (C) ROBERT FROST MOUNTAIN AREA.—Certain as ‘‘County E Hardwoods’’, ‘‘Silver Creek/ Ridge’’, and ‘‘Joyce Kilmer-Slickrock Exten- land in the Green Mountain National Forest, Mondeaux River Bottoms’’, ‘‘Lost Lake sion’’, near the town of Tellico Plains. totaling approximately 8,500 acres, known as Esker’’, ‘‘North and South Fork Yellow Riv- (D) IRON MOUNTAINS CLUSTER.—Certain land ‘‘Robert Frost Mountain Area’’, located ers’’, ‘‘Bear Creek’’, ‘‘Brush Creek’’, in the Cherokee National Forest, Watauga northeast of Middlebury, consisting of the ‘‘Chequamegon Waters’’, ‘‘John’s and Joseph Ranger District, totaling approximately Forest Service land bounded— Creeks’’, ‘‘Hay Creek Pine-Flatwoods’’, ‘‘558 58,090 acres, known as the ‘‘Iron Mountains (i) on the west, by Route 116; Hardwoods’’, ‘‘Richter Lake’’, and ‘‘Lower Cluster’’, comprised of 8 parcels known as (ii) on the north, by Bristol Notch Road; Yellow River’’, in Taylor County.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11577

(E) PARK FALLS CLUSTER.—Certain land in (B) BOUNDARY.—Beginning in the north- (1) no roads shall be constructed or recon- the Chequamegon-Nicolet National Forest, west corner and proceeding counter- structed; Medford-Park Falls Ranger District, totaling clockwise, the boundary for the Sand Creek (2) no extractive logging shall be permitted approximately 23,000 acres, known as ‘‘Park Area roughly follows— except of non-native invasive tree species, in Falls Cluster’’, comprised of 11 parcels (i) forest Roads 863, 866, 866.1B; which case the limitations on logging in title known as ‘‘Sixteen Lakes’’, ‘‘Chippewa (ii) a line linking forest roads 866.1B and I shall apply; and Trail’’, ‘‘Tucker and Amik Lakes’’, ‘‘Lower 802.1B; (3) no improvements for the purpose of ex- Rice Creek’’, ‘‘Doering Tract’’, ‘‘Foulds (iii) forest road 802.1B; tractive logging shall be permitted. Creek’’, ‘‘Bootjack Conifers’’, ‘‘Pond’’, ‘‘Mud (iv) forest road 802.1; (d) RESTRICTION OF MANAGEMENT ACTIVI- and Riley Lake Peatlands’’, ‘‘Little Willow (v) an unnamed road; TIES IN SPECIAL AREAS.—On Federal land lo- Drumlin’’, and ‘‘Elk River’’, in Price County (vi) Spotted Tail Creek (excluding all pri- cated in special areas— and Vilas County. vate land); (1) no roads shall be constructed or recon- (F) PENOKEE MOUNTAIN CLUSTER.—Certain (vii) forest road 829.1; structed; land in the Chequamegon-Nicolet National (viii) a line connecting forest roads 829.1 (2) no extractive logging shall be permitted Forest, Great Divide Ranger District, total- and 864; except of non-native invasive tree species, in ing approximately 23,000 acres, known as (ix) forest road 852.1; and which case the limitations on logging in title ‘‘Penokee Mountain Cluster’’, comprised of— (x) a line connecting forest roads 852.1 and I shall apply; and (i) the Marengo River and Brunsweiler 863. (3) no improvements for the purpose of ex- River semi-primitive nonmotorized areas; (d) COMMITTEE OF SCIENTISTS.— tractive logging shall be permitted. and (1) ESTABLISHMENT.—The Secretaries con- (e) MAINTENANCE OF EXISTING ROADS.— (ii) parcels known as ‘‘St. Peters Dome’’, cerned shall appoint a committee consisting (1) IN GENERAL.—Except as provided in of scientists who— ‘‘Brunsweiler River Gorge’’, ‘‘Lake Three’’, paragraph (2), the restrictions described in ‘‘Hell Hole Creek’’, and ‘‘North Country (A) are not officers or employees of the subsection (a) shall not prohibit the mainte- Trail Hardwoods’’, in Ashland County and Federal Government; nance of an improved road, or any road ac- Bayfield County. (B) are not officers or employees of any en- cessing private inholdings. (G) SOUTHEAST GREAT DIVIDE CLUSTER.— tity engaged in whole or in part in the pro- (2) ABANDONED ROADS.—Any road that the Certain land in the Chequamegon-Nicolet duction of wood or wood products; and Secretary determines to have been aban- National Forest, Medford Park Falls Ranger (C) have not contracted with or rep- doned before the date of enactment of this District, totaling approximately 25,000 acres, resented any entity described in subpara- Act shall not be maintained or recon- known as the ‘‘Southeast Great Divide Clus- graph (A) or (B) in a period beginning 5 years structed. ter’’, comprised of parcels known as ‘‘Snoose before the date on which the scientist is ap- Lake’’, ‘‘Cub Lake’’, ‘‘Springbrook Hard- pointed to the committee. (f) ENFORCEMENT.— woods’’, ‘‘Upper Moose River’’, ‘‘East Fork (2) RECOMMENDATIONS FOR ADDITIONAL SPE- (1) FINDING.—Congress finds that all people Chippewa River’’, ‘‘Upper Torch River’’, CIAL AREAS.—Not later than 2 years of the of the United States are injured by actions ‘‘Venison Creek’’, ‘‘Upper Brunet River’’, date of the enactment of this Act, the com- on land to which this section applies. ‘‘Bear Lake Slough’’, and ‘‘Noname Lake’’, mittee shall provide Congress with rec- (2) PURPOSE.—The purpose of this sub- in Ashland County and Sawyer County. ommendations for additional special areas. section is to foster the widest possible en- (H) DIAMOND ROOF CLUSTER.—Certain land (3) CANDIDATE AREAS.—Candidate areas for forcement of this section. in the Chequamegon-Nicolet National For- recommendation as additional special areas (3) FEDERAL ENFORCEMENT.—The Secretary est, Lakewood-Laona Ranger District, total- shall have outstanding biological values that and the Attorney General of the United ing approximately 6,000 acres, known as ‘‘Di- are exemplary on a local, regional, and na- States shall enforce this section against any amond Roof Cluster’’, comprised of 4 parcels tional level, including the presence of— person that violates this section. known as ‘‘McCaslin Creek’’, ‘‘Ada Lake’’, (A) threatened or endangered species of (4) CITIZEN SUITS.— ‘‘Section 10 Lake’’, and ‘‘Diamond Roof’’, in plants or animals; (A) IN GENERAL.—A citizen harmed by a Forest County, Langlade County, and Oconto (B) rare or endangered ecosystems; violation of this section may enforce this County. (C) key habitats necessary for the recovery section by bringing a civil action for a de- (I) ARGONNE FOREST CLUSTER.—Certain of endangered or threatened species; claratory judgment, a temporary restraining land in the Chequamegon-Nicolet National (D) recovery or restoration areas of rare or order, an injunction, statutory damages, or Forest, Eagle River-Florence Ranger Dis- underrepresented forest ecosystems; other remedy against any alleged violator, trict, totaling approximately 12,000 acres, (E) migration corridors; including the United States, in any district known as ‘‘Argonne Forest Cluster’’, com- (F) areas of outstanding biodiversity; court of the United States. prised of parcels known as ‘‘Argonne Experi- (G) old growth forests; (B) JUDICIAL RELIEF.—If a district court of mental Forest’’, ‘‘Scott Creek’’, ‘‘Atkins (H) commercial fisheries; and the United States determines that a viola- Lake’’, and ‘‘Island Swamp’’, in Forest Coun- (I) sources of clean water such as key wa- tion of this section has occurred, the district ty. tersheds. court— (J) BONITA GRADE.—Certain land in the (4) GOVERNING PRINCIPLE.—The committee (i) shall impose a damage award of not less Chequamegon-Nicolet National Forest, shall adhere to the principles of conservation than $5,000; Lakewood-Laona Ranger District, totaling biology in identifying special areas based on (ii) may issue 1 or more injunctions or approximately 1,200 acres, known as ‘‘Bonita biological values. other forms of equitable relief; and Grade’’, comprised of parcels known as SEC. 204. RESTRICTIONS ON MANAGEMENT AC- (iii) shall award to each prevailing party ‘‘Mountain Lakes’’, ‘‘Temple Lake’’, ‘‘Second TIVITIES IN ANCIENT FORESTS, the reasonable costs of bringing the action, South Branch’’, ‘‘First South Branch’’, and ROADLESS AREAS, WATERSHED PRO- including attorney’s fees, witness fees, and ‘‘South Branch Oconto River’’, in Langlade TECTION AREAS, AND SPECIAL other necessary expenses. AREAS. County. (C) STANDARD OF PROOF.—The standard of (a) RESTRICTION OF MANAGEMENT ACTIVI- (K) FRANKLIN AND BUTTERNUT LAKES CLUS- proof in all actions under this paragraph TIES IN ANCIENT FORESTS.—On Federal land TER.—Certain land in the Chequamegon- located in Ancient forests— shall be the preponderance of the evidence. Nicolet National Forest, Eagle River-Flor- (1) no roads shall be constructed or recon- (D) TRIAL.—A trial for any action under ence Ranger District, totaling approxi- structed; this section shall be de novo. mately 12,000 acres, known as ‘‘Franklin and (2) no extractive logging shall be per- (E) PAYMENT OF DAMAGES.— Butternut Lakes Cluster’’, comprised of 8 mitted; and (i) NON-FEDERAL VIOLATOR.—A damage parcels known as ‘‘Bose Lake Hemlocks’’, (3) no improvements for the purpose of ex- award under subparagraph (B)(i) shall be ‘‘Luna White Deer’’, ‘‘Echo Lake’’, ‘‘Frank- tractive logging shall be permitted. paid by a non-Federal violator or violators lin and Butternut Lakes’’, ‘‘Wolf Lake’’, (b) RESTRICTION OF MANAGEMENT ACTIVI- designated by the court to the Treasury. ‘‘Upper Ninemile’’, ‘‘Meadow’’, and ‘‘Bailey TIES IN ROADLESS AREAS.—On Federal land (ii) FEDERAL VIOLATOR.— Creeks’’, in Forest County and Oneida Coun- located in roadless areas (except military in- (I) IN GENERAL.—Not later than 40 days ty. stallations)— after the date on which judgment is ren- (L) LAUTERMAN LAKE AND KIEPER CREEK.— (1) no roads shall be constructed or recon- dered, a damage award under subparagraph Certain land in the Chequamegon-Nicolet structed; (B)(i) for which the United States is deter- National Forest, Eagle River-Florence Rang- (2) no extractive logging shall be permitted mined to be liable shall be paid from the er District, totaling approximately 2,500 except of non-native invasive tree species, in Treasury, as provided under section 1304 of acres, known as ‘‘Lauterman Lake and which case the limitations on logging in title title 31, United States Code, to the person or Kieper Creek’’, in Florence County. I shall apply; and persons designated to receive the damage (26) WYOMING: SAND CREEK AREA.— (3) no improvements for the purpose of ex- award. (A) IN GENERAL.—Certain land in the Black tractive logging shall be permitted. (II) USE OF DAMAGE AWARD.—A damage Hills National Forest, totaling approxi- (c) RESTRICTION OF MANAGEMENT ACTIVI- award described under subclause (I) shall be mately 8,300 acres known as the ‘‘Sand Creek TIES IN WATERSHED PROTECTION AREAS.—On used by the recipient to protect or restore area’’, located in Crook County, in the far Federal land located in watershed protection native biodiversity on Federal land or on northwest corner of the Black Hills. areas— land adjoining Federal land.

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(III) COURT COSTS.—Any award of costs of be considered to be suited for timber produc- shares the Golden Trout Wilderness with the litigation and any award of attorney fees tion, and no part of the Monument shall be Sequoia National Forest; and shall be paid by a Federal violator not later used in a calculation or provision of a sus- (22) the overlapping jurisdiction with re- than 40 days after the date on which judg- tained yield of timber from the Sequoia Na- spect to the Sequoia National Forest terri- ment is rendered. tional Forest.’’; tory results in needlessly wasteful manage- (5) WAIVER OF SOVEREIGN IMMUNITY.— (7) the Proclamation provided that ‘‘[t]hese ment procedures. (A) IN GENERAL.—The United States (in- forests [in the Monument] need restoration SEC. 402. DEFINITIONS. cluding agents and employees of the United to counteract the effects of a century of fire In this title: States) waives its sovereign immunity in all suppression and logging’’; (1) ADVISORY BOARD.—The term ‘‘Advisory respects in all actions under this section. (8) throughout the history of the Forest Board’’ means the Giant Sequoia National (B) NOTICE.—No notice is required to en- Service, the Forest Service has been focused Monument Advisory Board established under force this subsection. on the logging of Federal land for the pur- section 404(d)(1). TITLE III—EFFECTIVE DATE pose of selling timber; (2) MANAGEMENT PLAN.—The term ‘‘man- SEC. 301. EFFECTIVE DATE. (9) because of this emphasis on logging and agement plan’’ means the management plan This Act and the amendments made by for other reasons, the National Park Service for the Monument required by the Proclama- this Act take effect on the date of enactment would be better able to manage the Monu- tion. of this Act. ment than the Forest Service; (3) MONUMENT.—The term ‘‘Monument’’ SEC. 302. EFFECT ON EXISTING CONTRACTS. (10) the National Park Service manages 73 means the Giant Sequoia National Monu- This Act and the amendments made by national monuments, many of which were ment established by the Proclamation. this Act shall not apply to any contract for originally under the jurisdiction of the For- (4) PROCLAMATION.—The term ‘‘Proclama- the sale of timber that was entered into on est Service and were later transferred to the tion’’ means the Presidential Proclamation or before the date of enactment of this Act. National Park System by an Act of Congress number 7295, dated April 15, 2000 (65 Fed. Reg. SEC. 303. WILDERNESS ACT EXCLUSION. or by Executive Order; 24095). This Act and the amendments made by (11) national monuments were managed by (5) SECRETARY.—The term ‘‘Secretary’’ this Act shall not apply to any Federal wil- different Federal agencies, including the De- means the Secretary of the Interior, acting derness area designated under the Wilderness partment of Agriculture, until 1933, when through the Director of the National Park Act (16 U.S.C. 1131 et seq.). President Franklin D. Roosevelt consoli- Service. TITLE IV—GIANT SEQUOIA NATIONAL dated the management of national monu- (6) SUPERINTENDENT.—The term ‘‘Super- MONUMENT ments in the National Park Service through intendent’’ means the Superintendent of the SEC. 401. FINDINGS. Executive Order 6166 of June 10, 1933, and Ex- Monument appointed under section 404(c). Congress finds that— ecutive Order 6228 of July 28, 1933; SEC. 403. ADDITIONS TO GIANT SEQUOIA NA- (1) in accordance with the Act of June 8, (12) in most cases, national monuments es- TIONAL MONUMENT. 1906 (16 U.S.C. 431 et seq.), the Giant Sequoia tablished by presidential proclamation and (a) IN GENERAL.—There is added to the National Monument was created by presi- assigned to the Forest Service or other Fed- Monument— dential proclamation on April 15, 2000; eral agencies have been ultimately trans- (1) the approximately 40,640 acres of land (2) the Proclamation accurately states the ferred to the Secretary of the Interior, to be between the Western Divide (commonly following: ‘‘The rich and varied landscape of managed by the National Park Service; known as the ‘‘Greenhorn Mountains’’) and the Giant Sequoia National Monument holds (13) in a number of cases, Congress has the center line of the Kern River, south to a diverse array of scientific and historic re- eventually converted national monuments the boundary line between Tulare and Kern sources. Magnificent groves of towering under the jurisdiction of the National Park counties; and giant sequoias, the world’s largest trees, are Service into national parks; (2) the Jenny Lakes Wilderness. interspersed within a great belt of coniferous (14) national monuments that were con- (b) BOUNDARY REVISION.—The boundary of forest, jeweled with mountain meadows. Bold verted into national parks include the Grand the Monument is revised to reflect the addi- granitic domes and spires, and plunging Canyon National Park, Olympic National tion of the land to the Monument under sub- gorges, texture the landscape. The area’s ele- Park, and Death Valley National Park; section (a). vation climbs from about 2,500 to 9,700 feet (15) Congress has converted large areas of SEC. 404. TRANSFER OF ADMINISTRATIVE JURIS- over a distance of only a few miles, cap- national forests into some of the national DICTION OVER THE GIANT SEQUOIA turing an extraordinary number of habitats parks and national monuments most cher- NATIONAL MONUMENT. within a relatively small area. This spec- ished by the people of the United States; (a) IN GENERAL.—Administrative jurisdic- trum of ecosystems is home to a diverse (16) prominent examples of conversions in tion over the Monument is transferred from array of plants and animals, many of which the region of the Monument are— the Secretary of Agriculture to the Sec- are rare or endemic to the southern Sierra (A) Kings Canyon National Park, which retary. Nevada. The monument embraces limestone was created out of the Sierra National For- (b) APPLICABLE LAW.—The Monument shall caverns and holds unique paleological re- est and Sequoia National Forest in 1940; be administered in accordance with the sources documenting tens of thousands of (B) the major eastward extension doubling Proclamation, except that any deliberations years of ecosystem change. The monument the size of Sequoia National Park in 1926, of the Chief of the Forest Service with re- also has many archaeological sites recording with land for the addition being taken from spect to management of the Monument shall Native American occupation and adaptations the Sequoia National Forest; and be set aside. to this complex landscape, and historic rem- (C) the Mineral King addition to the Se- (c) SUPERINTENDENT.—The Secretary shall nants of early Euroamerican settlement as quoia National Park in 1978, with land for appoint a Superintendent for the Monument well as the commercial exploitation of the the addition being taken from Sequoia Na- to administer the Monument. giant sequoias. The monument provides ex- tional Forest; (d) ADVISORY BOARD.— emplary opportunities for biologists, geolo- (17) the Monument has more acres of se- (1) IN GENERAL.—The Superintendent shall gists, paleontologists, archaeologists, and quoia groves than are contained in Sequoia, establish an advisory board, to be known as historians to study these objects.’’ ; Kings Canyon, Yosemite, and Calaveras Big the ‘‘Giant Sequoia National Monument Ad- (3) the various ecosystems cited as the Tree, which are the only national parks and visory Board’’, comprised of 9 members, to be basis for establishment of the Monument— State parks in which sequoias occur; appointed by the Superintendent. (A) extend beyond the existing boundaries (18) the largest tree in the world may still (2) PROHIBITION ON FEDERAL GOVERNMENT of the Monument; and await discovery in some remote area of the EMPLOYMENT.—Members of the Advisory (B) encompass the fragile and extremely Monument; Board shall not be employees of the Federal diverse southern Sierra Nevada bioregion (19) to save the ecological integrity of the Government. and the overlapping Mohave ecosystem; Monument, it is essential that the approxi- (3) TERMS.— (4) to protect all the ecosystems and ob- mately 40,640 acres of land between the West- (A) IN GENERAL.—A member of the Advi- jects described in the Proclamation, the ern Divide (commonly known as the ‘‘Green- sory Board shall serve for a term of not more boundaries of the Monument must be ex- horn Mountains’’) and the center line of the than 4 years. tended to provide for watershed integrity, Kern River, south to the boundary line be- (B) INTERVALS.—The Superintendent shall seasonal wildlife migrations, and other bene- tween Tulare and Kern counties, be included appoint members of the Advisory Board in a fits; in the monument; manner that allows the terms of the mem- (5) even though the primary reason for es- (20) Sequoia National Forest land, north of bers to expire at staggered intervals. tablishing the Monument was to rescue the Sequoia National Park, should be added to (4) DUTIES.—The Advisory Board shall— area from the effects of road building and se- the Sierra National Forest, which adjoins (A) assist in the preparation of the man- vere logging implemented by the Forest the Sierra National Forest on the north; agement plan; and Service, the Proclamation left the Monu- (21) for reasons of accessibility, economy, (B) provide recommendations with respect ment under the jurisdiction of the Chief of and general efficiency of operation, the re- to the management of the Monument. the Forest Service; maining Sequoia National Forest territory (5) PROCEDURES.—The Superintendent shall (6) the Proclamation provides the fol- south of Sequoia National Park belongs in establish procedures and standards for the lowing: ‘‘No portion of the Monument shall the Inyo National Forest, which already Advisory Board.

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(6) OPEN MEETINGS.—Meetings of the Advi- Whereas high quality after school pro- Order 11183, to create a program that would sory Board shall be open to the public. grams engage families, schools, and diverse select between 11 and 19 outstanding young (e) HEADQUARTERS.—The headquarters for community partners in advancing the well- Americans every year and bring them to the Monument shall be located at the Na- being of the Nation’s children; Washington for ‘‘first hand, high-level expe- tional Park Service facility at Three Rivers, Whereas ‘‘Lights On Afterschool!’’, a na- rience in the workings of the Federal Gov- California, which is the headquarters of Se- tional celebration of after school programs ernment, to establish an era when the young quoia National Park and Kings Canyon Na- held on October 20, 2005, promotes the crit- men and women of America and their gov- tional Park. ical importance of high quality after school ernment belonged to each other—belonged to (f) VISITOR CENTERS.—Visitors centers for programs in the lives of children, their fami- each other in fact and in spirit’’; the Monument shall be located at— lies, and their communities; Whereas the White House Fellows Program (1) Grant Grove Visitor Center in Kings Whereas more than 28,000,000 children in has steadfastly remained a nonpartisan pro- Canyon National Park; the United States have parents who work gram that has served 8 Presidents exception- (2) Springville, the principal entrance to outside the home and 14,300,000 children in ally well; the west side of the southern unit of the the United States have no place to go after Whereas the nearly 600 White House Fel- Monument; and school; and lows that have served, have established a (3) Kernville. Whereas many after school programs legacy of leadership in every aspect of Amer- SEC. 405. ADDITIONS TO THE SIERRA NATIONAL across the United States are struggling to ican society that includes appointments as FOREST AND INYO NATIONAL FOR- keep their doors open and their lights on: Cabinet officials and senior White House EST. Now, therefore, be it staff, election to the House of Representa- (a) SIERRA NATIONAL FOREST.— Resolved, That the Senate supports the tives, Senate, and State and local Govern- (1) IN GENERAL.—The portion of the Se- goals and ideals of ‘‘Lights On Afterschool!’’ ment, appointments to the Federal, State, quoia National Forest located north of Se- a national celebration of after school pro- and local judiciary, appointments as United quoia National Park that is not included in grams. States Attorneys, leadership in many of the the Monument is added to the Sierra Na- Nation’s largest corporations and law firms, tional Forest. f service as presidents of colleges and univer- (2) BOUNDARY REVISION.—The boundary of SENATE RESOLUTION 281—HON- sities, deans of our most distinguished grad- the Sequoia National Forest is adjusted to uate schools, officials in nonprofit organiza- ORING AND THANKING JAMES tions, distinguished scholars and historians, include the land added by paragraph (1). PATRICK ROHAN (b) INYO NATIONAL FOREST.— and service as senior leaders in every branch (1) IN GENERAL.—The portion of the Se- Mr. FRIST (for himself and Mr. REID) of the United States Armed Forces; quoia National Forest south of Sequoia Na- submitted the following resolution; Whereas this legacy of leadership is a na- tional Park that is not included in the which was considered and agreed to: tional resource that has been used by the Na- Monument is added to the Inyo National tion in major challenges including orga- S. RES. 281 Forest. nizing resettlement operations following the (2) BOUNDARY REVISION.—The boundary of Whereas Assistant Chief of Police James Vietnam War, assisting with the national re- the Inyo National Forest is adjusted to in- Patrick Rohan, a native of the State of sponse to terrorist attacks, managing the clude the land added by paragraph (1). Maryland, has served the United States Cap- aftermath of natural disasters such as Hurri- canes Katrina and Rita, and reforming and SEC. 406. AUTHORIZATION OF APPROPRIATIONS. itol Police for thirty (30) years with distinc- tion having been appointed as a Private on innovating in national and international se- There are authorized to be appropriated December 8, 1975; curities and capital markets; such sums as are necessary to carry out sec- Whereas Assistant Chief Rohan, haven Whereas the nearly 600 White House Fel- tions 404 and 405. risen through the ranks to his current posi- lows have characterized their post-Fellow- f tion over his longstanding career, has been ship years with a lifetime commitment to SUBMITTED RESOLUTIONS instrumental in a variety of initiatives de- public service through continuing personal signed to enhance the security of the Con- and professional renewal and association, gress; creating a Fellows community of mutual SENATE RESOLUTION 280—SUP- Whereas Assistant Chief Rohan, who holds support for leadership at every level of gov- ernment and in every element of our na- PORTING ‘‘LIGHTS ON AFTER- a Master of Science Degree in Justice/Law Enforcement from the American University tional life; and SCHOOL’’, A NATIONAL CELEBRA- and a Bachelor of Arts Degree in Law En- Whereas September 1, 2005, marked the TION OF AFTER SCHOOL PRO- forcement from the University of Maryland, 40th anniversary of the first class of White GRAMS as well as numerous specialized law enforce- House Fellows to serve this Nation: Now, therefore, be it Mr. DODD (for himself, Mr. ENSIGN, ment and security training accomplishments and honors: Now, therefore, be it Resolved by the Senate (the House of Rep- Mr. AKAKA, Mrs. BOXER, Mr. BURNS, Resolved, That the Senate hereby honors resentatives concurring), That Congress— Mr. BURR, Ms. CANTWELL, Mr. CARPER, and thanks James Patrick Rohan and his (1) recognizes the 40th anniversary of the Mrs. CLINTON, Mr. COCHRAN, Ms. COL- wife, Cecilia, and children, Ben, Natalie, Eric White House Fellows program and commends LINS, Mr. CORNYN, Mr. CORZINE, Mr. and David, and his entire family, for a life- the White House Fellows for their continuing DAYTON, Mr. DURBIN, Mr. FEINGOLD, long professional commitment of service to lifetime commitment to public service; Mrs. FEINSTEIN, Mr. INOUYE, Mr. the United States Capitol Police and the (2) acknowledges the legacy of leadership provided by White House Fellows over the KERRY, Mr. KOHL, Ms. LANDRIEU, Mr. United States Congress. years in their local communities, the Nation, LAUTENBERG, Mr. LEVIN, Mr. LIEBER- f and the world; and MAN, Ms. MIKULSKI, Ms. MURKOWSKI, SENATE CONCURRENT RESOLU- (3) expresses appreciation and support for Mrs. MURRAY, Mr. NELSON of Nebraska, TION 59—RECOGNIZING THE 40TH the continuing leadership of White House Mr. REID, Mr. SALAZAR, Ms. SNOWE, Mr. Fellows in all aspects of our national life in ANNIVERSARY OF THE WHITE SPECTER, and Ms. STABENOW) submitted the years ahead. HOUSE FELLOWS PROGRAM the following resolution; which was f considered and agreed to: Mr. BROWNBACK submitted the fol- lowing concurrent resolution; which AMENDMENTS SUBMITTED AND S. RES. 280 PROPOSED Whereas high quality after school pro- was referred to the Committee on the SA 2112. Mr. COBURN submitted an grams provide safe, challenging, engaging, Judiciary: amendment intended to be proposed by him and fun learning experiences to help children Whereas in 1964, John D. Gardner presented to the bill H.R. 3058, making appropriations and youth develop their social, emotional, the idea of selecting a handful of outstanding for the Departments of Transportation, physical, cultural, and academic skills; men and women to come to Washington to Treasury, and Housing and Urban Develop- Whereas high quality after school pro- participate as Fellows and learn the work- ment, the Judiciary, District of Columbia, grams support working families by ensuring ings of the highest levels of the Federal Gov- and independent agencies for the fiscal year that the children in such families are safe ernment to learn about leadership as they ending September 30, 2006, and for other pur- and productive after the regular school day observed the Nation’s officials in action and poses; which was ordered to lie on the table. ends; met with these officials and other leaders of SA 2113. Mr. BOND (for himself, Mr. DOR- Whereas high quality after school pro- society, thereby strengthening the Fellows’ GAN, Mr. NELSON, of Florida, Mr. CORZINE, grams build stronger communities by involv- abilities and desires to contribute to their and Mr. TALENT) proposed an amendment to ing the Nation’s students, parents, business communities, their professions, and their the bill H.R. 3058, supra. leaders, and adult volunteers in the lives of country; SA 2114. Mrs. BOXER (for herself and Mr. the Nation’s youth, thereby promoting posi- Whereas President Lyndon B. Johnson es- SCHUMER) submitted an amendment intended tive relationships among children, youth, tablished the President’s Commission on to be proposed by her to the bill H.R. 3058, families, and adults; White House Fellowships, through Executive supra; which was ordered to lie on the table.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11580 CONGRESSIONAL RECORD — SENATE October 19, 2005 SA 2115. Mr. ENZI proposed an amendment SA 2137. Mr. COLEMAN (for himself, Mr. Transportation Equity Act: A Legacy for to the bill H.R. 3058, supra. LEVIN, and Mr. AKAKA) submitted an amend- Users (Public Law 109–59; 119 Stat. 1144) is SA 2116. Mr. LUGAR submitted an amend- ment intended to be proposed by him to the amended— ment intended to be proposed by him to the bill H.R. 3058, supra; which was ordered to lie (1) in item number 2465— bill H.R. 3058, supra; which was ordered to lie on the table. (A) by striking ‘‘AK’’ and inserting ‘‘LA’’; on the table. SA 2138. Mr. MCCAIN submitted an amend- and SA 2117. Mrs. CLINTON submitted an ment intended to be proposed by him to the (B) by striking ‘‘Planning, design, and con- amendment intended to be proposed by her bill H.R. 3058, supra; which was ordered to lie struction of Knik Arm Bridge’’ and inserting to the bill H.R. 3058, supra; which was or- on the table. ‘‘Reconstruction of Twin Spans Bridge con- dered to lie on the table. SA 2139. Mr. BOND (for Mrs. BOXER) pro- necting New Orleans and Slidell, Louisiana’’; SA 2118. Mr. DORGAN submitted an posed an amendment to the bill H.R. 3058, and amendment intended to be proposed by him supra. (2) in item number 3677— to the bill H.R. 3058, supra; which was or- SA 2140. Mr. BOND (for Ms. STABENOW) sub- (A) by striking ‘‘AK’’ and inserting ‘‘LA’’; dered to lie on the table. mitted an amendment intended to be pro- and SA 2119. Mr. ENSIGN (for himself and Mr. posed by Mr. BOND to the bill H.R. 3058, (B) by striking ‘‘Planning, design, and con- REID) submitted an amendment intended to supra. struction of Knik Arm Bridge’’ and inserting be proposed by him to the bill H.R. 3058, SA 2141. Mrs. MURRAY submitted an ‘‘Reconstruction of Twin Spans Bridge con- supra; which was ordered to lie on the table. amendment intended to be proposed by her necting New Orleans and Slidell, Louisiana’’. SA 2120. Mr. VOINOVICH (for himself and to the bill H.R. 3058, supra. (c) Item number 2 of the table contained in Mr. DEWINE) submitted an amendment in- SA 2142. Mr. MCCONNELL (for Mr. ENZI) section 1934 of the Safe, Accountable, Flexi- tended to be proposed by him to the bill H.R. proposed an amendment to the bill H.R. 3204, ble, Efficient Transportation Equity Act: A 3058, supra; which was ordered to lie on the to amend title XXVII of the Public Health Legacy for Users (Public Law 109–59; 119 table. Service Act to extend Federal funding for Stat. 1144) is amended— SA 2121. Mr. SCHUMER (for himself and the establishment and operation of State (1) by striking ‘‘AK’’ and inserting ‘‘LA’’; Mrs. CLINTON) submitted an amendment in- high risk health insurance pools. and tended to be proposed by him to the bill H.R. SA 2143. Mr. DAYTON submitted an (2) by striking ‘‘Improvements to the Knik 3058, supra; which was ordered to lie on the amendment intended to be proposed by him Arm Bridge’’ and inserting ‘‘Reconstruction table. SA 2122. Mr. SCHUMER submitted an to the bill H.R. 3058, making appropriations of Twin Spans Bridge connecting New Orle- amendment intended to be proposed by him for the Departments of Transportation, ans and Slidell, Louisiana’’. (d) Sections 1949 and 4411 of the Safe, Ac- to the bill H.R. 3058, supra; which was or- Treasury, and Housing and Urban Develop- countable, Flexible, Efficient Transportation dered to lie on the table. ment, the Judiciary, District of Columbia, SA 2123. Mr. DAYTON submitted an and independent agencies for the fiscal year Equity Act: A Legacy for Users (Public Law amendment intended to be proposed by him ending September 30, 2006, and for other pur- 109–59; 119 Stat. 1144) are repealed. (e) Nothing in this section or an amend- to the bill H.R. 3058, supra. poses; which was ordered to lie on the table. SA 2124. Mr. SCHUMER (for himself, Ms. SA 2144. Mr. CORZINE submitted an ment made by this section affects the alloca- SNOWE, Mrs. CLINTON, Mr. JEFFORDS, and Mr. amendment intended to be proposed by him tion of funds to any State other than the LEAHY) submitted an amendment intended to to the bill H.R. 3058, supra; which was or- States of Alaska and Louisiana. be proposed by him to the bill H.R. 3058, dered to lie on the table. supra; which was ordered to lie on the table. SA 2145. Mr. LAUTENBERG (for himself SA 2113. Mr. BOND (for himself, Mr. SA 2125. Mr. SCHUMER submitted an and Mr. LOTT) submitted an amendment in- DORGAN, Mr. NELSON of Florida, Mr. amendment intended to be proposed by him tended to be proposed by him to the bill H.R. CORZINE, and Mr. TALENT) proposed an to the bill H.R. 3058, supra; which was or- 3058, supra; which was ordered to lie on the amendment to the bill H.R. 3058, mak- dered to lie on the table. table. ing appropriations for the Departments SA 2126. Mr. SCHUMER submitted an SA 2146. Mr. ENSIGN (for himself, Mr. of Transportation, Treasury, and Hous- ALLEN, and Mr. DEMINT) submitted an amendment intended to be proposed by him ing and Urban Development, the Judi- to the bill H.R. 3058, supra; which was or- amendment intended to be proposed by him dered to lie on the table. to the bill H.R. 3058, supra; which was or- ciary, District of Columbia, and inde- SA 2127. Mr. FRIST (for himself, Mrs. dered to lie on the table. pendent agencies for the fiscal year DOLE, Ms. STABENOW, and Mrs. CLINTON) sub- SA 2147. Mr. DEWINE submitted an amend- ending September 30, 2006, and for mitted an amendment intended to be pro- ment intended to be proposed by him to the other purposes; as follows: posed by him to the bill H.R. 3058, supra; bill H.R. 3058, supra; which was ordered to lie Insert the following on page 348, after line which was ordered to lie on the table. on the table. 5, and renumber accordingly: SA 2128. Mr. FRIST (for himself, Mrs. SA 2148. Mr. PRYOR submitted an amend- ‘‘SEC. 321. No funds in this Act may be used DOLE, Ms. STABENOW, and Mrs. CLINTON) sub- ment intended to be proposed by him to the to support any federal, state, or local mitted an amendment intended to be pro- bill H.R. 3058, supra; which was ordered to lie projects that seek to use the power of emi- posed by him to the bill H.R. 3058, supra; on the table. nent domain, unless eminent domain is em- which was ordered to lie on the table. ployed only for a public use: Provided, That SA 2129. Mr. WARNER submitted an f for purposes of this section, public use shall amendment intended to be proposed by him TEXT OF AMENDMENTS not be construed to include economic devel- to the bill H.R. 3058, supra; which was or- opment that primarily benefits private enti- dered to lie on the table. Mr. COBURN submitted an SA 2112. ties: Provided further, That any use of funds SA 2130. Mr. WARNER submitted an amendment intended to be proposed by for mass transit, railroad, airport, seaport or amendment intended to be proposed by him him to the bill H.R. 3058, making ap- highway projects as well as utility projects to the bill H.R. 3058, supra; which was or- propriations for the Departments of which benefit or serve the general public (in- dered to lie on the table. SA 2131. Mr. CORNYN submitted an Transportation, Treasury, and Housing cluding energy-related, communication-re- amendment intended to be proposed by him and Urban Development, the Judiciary, lated, water-related and wastewater-related to the bill H.R. 3058, supra; which was or- District of Columbia, and independent infrastructure), other sructures designated dered to lie on the table. agencies for the fiscal year ending Sep- for use by the general public or which have SA 2132. Mr. REID submitted an amend- tember 30, 2006, and for other purposes; other common-carrier or public-utility func- ment intended to be proposed by him to the tions that serve the general public and are which was ordered to lie on the table; subject to regulation and oversight by the bill H.R. 3058, supra; which was ordered to lie as follows: on the table. government, and projects for the removal of SA 2133. Mr. DORGAN (for himself, Mr. On page 276, after line 24, insert the fol- blight (including areas identified by units of CRAIG, Mr. ENZI, and Mr. BAUCUS) proposed lowing: local government for recovery from natural an amendment to the bill H.R. 3058, supra. SEC. 1ll.(a) Item number 14 of the table disasters) or brownsfields as defined in the SA 2134. Mr. GRASSLEY submitted an contained in section 1302 of the Safe, Ac- Small Business Liability Relief and amendment intended to be proposed by him countable, Flexible, Efficient Transportation Brownsfields Revitalization Act (Pub. Law to the bill H.R. 3058, supra; which was or- Equity Act: A Legacy for Users (Public Law 107–118) shall be considered a public use for dered to lie on the table. 109–59; 119 Stat. 1144) is amended— purposes of eminent domain: Provided fur- SA 2135. Mr. FEINGOLD submitted an (1) by striking ‘‘AK’’ and inserting ‘‘LA’’; ther, That the Government Accountability amendment intended to be proposed by him and Office, in consultation with the National to the bill H.R. 3058, supra; which was or- (2) by striking ‘‘Planning, design, and con- Academy for Public Administration, organi- dered to lie on the table. struction of Knik Arm Bridge’’ and inserting zations representing state and local govern- SA 2136. Mr. COBURN submitted an amend- ‘‘Reconstruction of Twin Spans Bridge con- ments, and property rights organizations, ment intended to be proposed by him to the necting New Orleans and Slidell, Louisiana’’. shall conduct a study to be submitted to the bill H.R. 3058, supra; which was ordered to lie (b) The table contained in section 1702 of Congress within 12 months of the enactment on the table. the Safe, Accountable, Flexible, Efficient of this Act on the nationwide use of eminent

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11581 domain, including the procedures used and programs that allow the use of a biweekly ployee under this section to elect or not to the results accomplished on a state-by-state work schedule— elect to work a biweekly work schedule. basis as well as the impact on individual ‘‘(A) that consists of a basic work require- ‘‘(2) DEFINITION.—In paragraph (1), the property owners and on the affected commu- ment of not more than 80 hours, over a 2- term ‘intimidate, threaten, or coerce’ in- nities.’’ week period; and cludes promising to confer or conferring any ‘‘(B) in which more than 40 hours of the benefit (such as appointment, promotion, or SA 2114. Mrs. BOXER (for herself and work requirement may occur in a week of compensation) or effecting or threatening to Mr. SCHUMER) submitted an amend- the period, except that no more than 10 effect any reprisal (such as deprivation of ap- ment intended to be proposed by her to hours may be shifted between the 2 weeks in- pointment, promotion, or compensation). the bill H.R. 3058, making appropria- volved. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) BASIC WORK REQUIREMENT.—The term tions for the Departments of Transpor- ‘‘(2) CONDITIONS.—An employer may carry out a biweekly work program described in ‘basic work requirement’ means the number tation, Treasury, and Housing and paragraph (1) for employees only pursuant to of hours, excluding overtime hours, that an Urban Development, the Judiciary, the following: employee is required to work or is required District of Columbia, and independent ‘‘(A) AGREEMENT.—The program may be to account for by leave or otherwise. agencies for the fiscal year ending Sep- carried out only in accordance with— ‘‘(2) COLLECTIVE BARGAINING.—The term tember 30, 2006, and for other purposes; ‘‘(i) applicable provisions of a collective ‘collective bargaining’ means the perform- which was ordered to lie on the table; bargaining agreement between the employer ance of the mutual obligation of the rep- resentative of an employer and the labor or- as follows: and the labor organization that has been cer- tified or recognized as the representative of ganization that has been certified or recog- On page 310, line 16, insert ‘‘, and of which the employees under applicable law; or nized as the representative of the employees $4,500,000 shall be for capacity building ac- ‘‘(ii) in the case of an employee who is not of the employer under applicable law to meet tivities administered by Habitat for Human- represented by a labor organization de- at reasonable times and to consult and bar- ity International’’ after ‘‘tribal areas’’. scribed in clause (i), a written agreement ar- gain in a good-faith effort to reach agree- ment with respect to the conditions of em- Mr. ENZI proposed an rived at between the employer and employee SA 2115. before the performance of the work involved ployment affecting such employees and to amendment to the bill H.R. 3058, mak- if the agreement was entered into knowingly execute, if requested by either party, a writ- ing appropriations for the Departments and voluntarily by such employee and was ten document incorporating any collective of Transportation, Treasury, and Hous- not a condition of employment. bargaining agreement reached, but the obli- gation referred to in this paragraph shall not ing and Urban Development, the Judi- ‘‘(B) STATEMENT.—The program shall apply compel either party to agree to a proposal or to an employee described in subparagraph ciary, District of Columbia, and inde- to make a concession. (A)(ii) if such employee has affirmed, in a pendent agencies for the fiscal year ‘‘(3) COLLECTIVE BARGAINING AGREEMENT.— written statement that is made, kept, and ending September 30, 2006, and for The term ‘collective bargaining agreement’ preserved in accordance with section 11(c), other purposes; as follows: means an agreement entered into as a result that the employee has chosen to participate of collective bargaining. At the appropriate place add the following: in the program. ‘‘(4) ELECTION.—The term ‘at the election ll—ASSISTANCE FOR WORKERS AND ‘‘(C) MINIMUM SERVICE.—No employee may of’, used with respect to an employee, means SMALL BUSINESSES participate, or agree to participate, in the at the initiative of, and at the request of, the Subtitle A—Minimum Wage Adjustment program unless the employee has been em- employee. ployed for at least 12 months by the em- SEC. ll01. MINIMUM WAGE. ‘‘(5) EMPLOYEE.—The term ‘employee’ ployer, and for at least 1,250 hours of service (a) IN GENERAL.—Section 6(a)(1) of the Fair means an individual— with the employer during the previous 12- Labor Standards Act of 1938 (29 U.S.C. ‘‘(A) who is an employee (as defined in sec- month period. 206(a)(1)) is amended to read as follows: tion 3); ‘‘(3) COMPENSATION FOR HOURS IN SCHED- ‘‘(1) except as otherwise provided in this ‘‘(B) who is not an employee of a public ULE.—Notwithstanding section 7, in the case section, not less than— agency; and of an employee participating in such a bi- ‘‘(A) $5.70 an hour, beginning 6 months ‘‘(C) to whom section 7(a) applies. weekly work program, the employee shall be after the date of enactment of the Transpor- ‘‘(6) EMPLOYER.—The term ‘employer’ does compensated for each hour in such a bi- tation, Treasury, the Judiciary, Housing and not include a public agency. weekly work schedule at a rate not less than Urban Development, and Related Agencies ‘‘(7) OVERTIME HOURS.—The term ‘overtime the regular rate at which the employee is Appropriations Act, 2006; and hours’ when used with respect to biweekly employed. ‘‘(B) $6.25 an hour, beginning 18 months work programs under subsection (b), means ‘‘(4) COMPUTATION OF OVERTIME.—All hours after such date of enactment;’’. all hours worked in excess of the biweekly worked by the employee in excess of such a (b) EFFECTIVE DATE.—The amendment work schedule involved or in excess of 80 made by subsection (a) shall take effect 6 biweekly work schedule or in excess of 80 hours in the 2-week period involved, that are months after the date of enactment of the hours in the 2-week period, that are re- requested in advance by an employer. quested in advance by the employer, shall be Transportation, Treasury, the Judiciary, ‘‘(8) REGULAR RATE.—The term ‘regular Housing and Urban Development, and Re- overtime hours. rate’ has the meaning given the term in sec- lated Agencies Appropriations Act, 2006. ‘‘(5) OVERTIME COMPENSATION PROVISION.— tion 7(e).’’. The employee shall be compensated for each Subtitle B—Workplace Flexibility (b) REMEDIES.— such overtime hour at a rate not less than (1) PROHIBITIONS.—Section 15(a)(3) of the SEC. ll11. SHORT TITLE. one and one-half times the regular rate at Fair Labor Standards Act of 1938 (29 U.S.C. This subtitle may be cited as the ‘‘Work- which the employee is employed, in accord- 215(a)(3)) is amended— place Flexibility Act’’. ance with section 7(a)(1), or receive compen- (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; SEC. ll12. BIWEEKLY WORK PROGRAMS. satory time off in accordance with section (B) by adding ‘‘or’’ after the semicolon; and (a) IN GENERAL.—The Fair Labor Standards 7(r) for each such overtime hour. (C) by adding at the end the following: Act of 1938 is amended by inserting after sec- ‘‘(6) DISCONTINUANCE OF PROGRAM OR WITH- ‘‘(B) to violate any of the provisions of sec- tion 13 (29 U.S.C. 213) the following: DRAWAL.— tion 13A;’’. ‘‘SEC. 13A. BIWEEKLY WORK PROGRAMS. ‘‘(A) DISCONTINUANCE OF PROGRAM.—An em- (2) REMEDIES AND SANCTIONS.—Section 16 of ‘‘(a) VOLUNTARY PARTICIPATION.— ployer that has established a biweekly work the Fair Labor Standards Act of 1938 (29 ‘‘(1) IN GENERAL.—Except as provided in program under paragraph (1) may dis- U.S.C. 216) is amended— paragraph (2), no employee may be required continue the program for employees de- (A) in subsection (c)— to participate in a program described in this scribed in paragraph (2)(A)(ii) after providing (i) in the first sentence— section. Participation in a program de- 30 days’ written notice to the employees who (I) by inserting after ‘‘7 of this Act’’ the scribed in this section may not be a condi- are subject to an agreement described in following: ‘‘, or of the appropriate legal or tion of employment. paragraph (2)(A)(ii). monetary equitable relief owing to any em- ‘‘(2) COLLECTIVE BARGAINING AGREEMENT.— ‘‘(B) WITHDRAWAL.—An employee may ployee or employees under section 13A’’; and In a case in which a valid collective bar- withdraw an agreement described in para- (II) by striking ‘‘wages or unpaid overtime gaining agreement exists between an em- graph (2)(A)(ii) at the end of any 2-week pe- compensation and’’ and inserting ‘‘wages, ployer and the labor organization that has riod described in paragraph (1)(A), by sub- unpaid overtime compensation, or legal or been certified or recognized as the represent- mitting a written notice of withdrawal to monetary equitable relief, as appropriate, ative of the employees of the employer under the employer of the employee. and’’; applicable law, an employee may only be re- ‘‘(c) PROHIBITION OF COERCION.— (ii) in the second sentence, by striking quired to participate in such a program in ‘‘(1) IN GENERAL.—An employer shall not ‘‘wages or overtime compensation and’’ and accordance with the agreement. directly or indirectly intimidate, threaten, inserting ‘‘wages, unpaid overtime com- ‘‘(b) BIWEEKLY WORK PROGRAMS.— or coerce, or attempt to intimidate, threat- pensation, or legal or monetary equitable re- ‘‘(1) IN GENERAL.—Notwithstanding section en, or coerce, any employee for the purpose lief, as appropriate, and’’; and 7, an employer may establish biweekly work of interfering with the rights of the em- (iii) in the third sentence—

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11582 CONGRESSIONAL RECORD — SENATE October 19, 2005 (I) by inserting after ‘‘first sentence of striking ‘‘who in any workweek is engaged in small business concern of a requirement re- such subsection’’ the following: ‘‘, or the sec- commerce or in the production of goods for garding collection of information by such ond sentence of such subsection in the event commerce, or is employed in an enterprise agency if such small business concern pre- of a violation of section 13A,’’; and engaged in commerce or in the production of viously violated any requirement regarding (II) by striking ‘‘wages or unpaid overtime goods for commerce,’’ and inserting ‘‘who in collection of information by such agency. compensation under sections 6 and 7 or’’ and any workweek is engaged in industrial home- ‘‘(4) In determining if a violation is a first- inserting ‘‘wages, unpaid overtime com- work subject to section 11(d) and engaged in time violation for purposes of this sub- pensation, or legal or monetary equitable re- commerce or in the production of goods for section, the head of an agency shall not take lief, as appropriate, or’’; and commerce, or who in any workweek is em- into account any violation of a requirement (B) in subsection (e)— ployed in an enterprise engaged in commerce regarding collection of information by an- (i) in the second sentence, by striking ‘‘sec- or in the production of goods for com- other agency. tion 6 or 7’’ and inserting ‘‘section 6, 7, or merce,’’. ‘‘(5) Notwithstanding any other provision 13A’’; and Subtitle D—Small Business Paperwork of law, no State may impose a civil penalty (ii) in the fourth sentence, in paragraph (3), Reduction on a small business concern, in the case of a by striking ‘‘15(a)(4) or’’ and inserting SEC. ll31. SMALL BUSINESS PAPERWORK RE- first-time violation by the small-business ‘‘15(a)(4), a violation of section 15(a)(3)(B), DUCTION. concern of a requirement regarding collec- or’’. (a) IN GENERAL.—Section 3506 of title 44, tion of information under Federal law, in a (c) NOTICE TO EMPLOYEES.—Not later than United States Code (commonly referred to as manner inconsistent with the provisions of 30 days after the date of enactment of this the ‘‘Paperwork Reduction Act’’), is amend- this subsection. Act, the Secretary of Labor shall revise the ed by adding at the end the following: ‘‘(6) For purposes of this subsection, the materials the Secretary provides, under reg- ‘‘(j)(1) In the case of a first-time violation term ‘small business concern’ means a busi- ulations contained in section 516.4 of title 29, by a small business concern of a requirement ness concern that meets the requirements of Code of Federal Regulations, to employers regarding the collection of information by an section 3(a) of the Small Business Act (15 for purposes of a notice explaining the Fair agency, the head of such agency shall pro- U.S.C. 632(a)) and the regulations promul- Labor Standards Act of 1938 (29 U.S.C. 201 et vide that no civil fine shall be imposed on gated pursuant to such section.’’. seq.) to employees so that the notice reflects the small business concern unless, based on (b) EFFECTIVE DATE.—The amendment the amendments made to the Act by this sec- the particular facts and circumstances re- made by this section shall apply to any vio- tion. garding the violation— lation occurring on or after January 1, 2006. SEC. ll13. CONGRESSIONAL COVERAGE. ‘‘(A) the head of the agency determines Subtitle E—Small Business Regulatory Relief that the violation has the potential to cause Section 203 of the Congressional Account- SEC. ll41. ENHANCED COMPLIANCE ASSIST- serious harm to the public interest; ability Act of 1995 (2 U.S.C. 1313) is amend- ANCE FOR SMALL BUSINESSES. ‘‘(B) the head of the agency determines ed— (a) IN GENERAL.—Section 212 of the Small (1) in subsection (a)— that failure to impose a civil fine would im- Business Regulatory Enforcement Fairness (A) in paragraph (1), by striking ‘‘and sec- pede or interfere with the detection of crimi- Act of 1996 (5 U.S.C. 601 note) is amended by tion 12(c)’’ and inserting ‘‘section 12(c), and nal activity; striking subsection (a) and inserting the fol- section 13A’’; and ‘‘(C) the violation is a violation of an inter- lowing: nal revenue law or a law concerning the as- (B) by striking paragraph (3); ‘‘(a) COMPLIANCE GUIDE.— sessment or collection of any tax, debt, rev- (2) in subsection (b)— ‘‘(1) IN GENERAL.—For each rule for which (A) by striking ‘‘The remedy’’ and insert- enue, or receipt; an agency head does not make a certification ing the following: ‘‘(D) the violation is not corrected on or under section 605(b) of title 5, United States before the date that is 6 months after the ‘‘(1) IN GENERAL.—Except as provided in Code, the agency shall publish 1 or more paragraphs (2) and (3), the remedy’’; and date of receipt by the small business concern guides to assist small entities in complying (B) by adding at the end the following: of notification of the violation in writing with the rule, and shall entitle such publica- from the agency; or ‘‘(2) BIWEEKLY WORK PROGRAMS AND FLEXI- tions ‘small entity compliance guides’. ‘‘(E) except as provided in paragraph (2), BLE CREDIT HOURS PROGRAMS.—The remedy ‘‘(2) PUBLICATION OF GUIDES.—The publica- for a violation of subsection (a) relating to the head of the agency determines that the tion of each guide under this subsection shall the requirements of section 13A of the Fair violation presents a danger to the public include— Labor Standards Act of 1938 shall be such health or safety. ‘‘(A) the posting of the guide in an easily ‘‘(2)(A) In any case in which the head of an remedy as would be appropriate if awarded identified location on the website of the agency determines under paragraph (1)(E) under sections 16 and 17 of such Act (29 agency; and that a violation presents a danger to the U.S.C. 216, 217) for such a violation.’’; and ‘‘(B) distribution of the guide to known in- public health or safety, the head of the agen- (3) in subsection (c), by striking paragraph dustry contacts, such as small entities, asso- cy may, notwithstanding paragraph (1)(E), (4). determine that a civil fine should not be im- ciations, or industry leaders affected by the SEC. ll14. TERMINATION. posed on the small business concern if the rule. The authority provided by this subtitle violation is corrected within 24 hours of re- ‘‘(3) PUBLICATION DATE.—An agency shall and the amendments made by this subtitle ceipt of notice in writing by the small busi- publish each guide (including the posting and terminates 5 years after the date of enact- ness concern of the violation. distribution of the guide as described under ment of this Act. ‘‘(B) In determining whether to provide a paragraph (2))— ‘‘(A) on the same date as the date of publi- Subtitle C—Small Business Fair Labor small business concern with 24 hours to cor- cation of the final rule (or as soon as possible Standards Act Exemption rect a violation under subparagraph (A), the head of the agency shall take into account after that date); and SEC. ll21. ENHANCED SMALL BUSINESS EXEMP- all of the facts and circumstances regarding ‘‘(B) not later than the date on which the TION. the violation, including— requirements of that rule become effective. (a) IN GENERAL.—Section 3(s)(1)(A)(ii) of ‘‘(i) the nature and seriousness of the vio- ‘‘(4) COMPLIANCE ACTIONS.— the Fair Labor Standards Act of 1938 (29 lation, including whether the violation is ‘‘(A) IN GENERAL.—Each guide shall explain U.S.C. 203(s)(1)(A)(ii)) is amended by striking technical or inadvertent or involves willful the actions a small entity is required to take ‘‘$500,000’’ and inserting ‘‘$1,000,000’’. or criminal conduct; to comply with a rule. (b) EFFECT OF AMENDMENT.—The amend- ‘‘(ii) whether the small business concern ‘‘(B) EXPLANATION.—The explanation under ment made by subsection (a) shall not apply has made a good faith effort to comply with subparagraph (A)— in any State that does not have in effect, or applicable laws, and to remedy the violation ‘‘(i) shall include a description of actions that does not subsequently enact after the within the shortest practicable period of needed to meet requirements to enable a date of enactment of the Transportation, time; and small entity to know when such require- Treasury, the Judiciary, Housing and Urban ‘‘(iii) whether the small business concern ments are met; and Development, and Related Agencies Appro- has obtained a significant economic benefit ‘‘(ii) if determined appropriate by the priations Act, 2006, legislation applying min- from the violation. agency, may include a description of possible imum wage and hours of work protections to ‘‘(C) In any case in which the head of the procedures, such as conducting tests, that workers covered by the Fair Labor Stand- agency imposes a civil fine on a small busi- assist a small entity in meeting such re- ards Act of 1938 as of the day before the date ness concern for a violation with respect to quirements. of enactment of the Transportation, Treas- which this paragraph applies and does not ‘‘(C) PROCEDURES.—Procedures described ury, the Judiciary, Housing and Urban De- provide the small business concern with 24 under subparagraph (B)(ii)— velopment, and Related Agencies Appropria- hours to correct the violation, the head of ‘‘(i) shall be suggestions to assist small en- tions Act, 2006. the agency shall notify Congress regarding tities; and SEC. ll22. SCOPE OF EMPLOYMENT. such determination not later than 60 days ‘‘(ii) shall not be additional requirements Section 6(a) of the Fair Labor Standards after the date that the civil fine is imposed relating to the rule. Act of 1938 (29 U.S.C. 206(a)), in the matter by the agency. ‘‘(5) AGENCY PREPARATION OF GUIDES.—The preceding paragraph (1), and section 7(a)(1) of ‘‘(3) With respect to any agency, this sub- agency shall, in its sole discretion, taking such Act (29 U.S.C. 207(a)(1)), are amended by section shall not apply to any violation by a into account the subject matter of the rule

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and the language of relevant statutes, ensure ‘‘(1) IN GENERAL.—An eligible taxpayer and’’, and by adding at the end the following that the guide is written using sufficiently shall not be required to use an accrual meth- new clause: plain language likely to be understood by af- od of accounting for any taxable year. ‘‘(iv) any section 1250 property which is a fected small entities. Agencies may prepare ‘‘(2) ELIGIBLE TAXPAYER.—For purposes of retail restaurant facility.’’. separate guides covering groups or classes of this subsection— (b) RETAIL RESTAURANT FACILITY.—Sub- similarly affected small entities, and may ‘‘(A) IN GENERAL.—A taxpayer is an eligible section (e) of section 168 is amended by add- cooperate with associations of small entities taxpayer with respect to any taxable year ing at the end the following new paragraph: to develop and distribute such guides. An if— ‘‘(6) RETAIL RESTAURANT FACILITY.—The agency may prepare guides and apply this ‘‘(i) for all prior taxable years beginning term ‘retail restaurant facility’ means any section with respect to a rule or a group of after December 31, 2004, the taxpayer (or any building if more than 50 percent of the build- related rules.’’. predecessor) met the gross receipts test of ing’s square footage is devoted to prepara- (b) TECHNICAL AND CONFORMING AMEND- subparagraph (B), and tion of, and seating for on-premises con- MENT.—Section 211(3) of the Small Business ‘‘(ii) the taxpayer is not subject to section sumption of, prepared meals.’’. Regulatory Enforcement Fairness Act of 1996 447 or 448. (c) ALTERNATIVE SYSTEM.—The table con- (5 U.S.C. 601 note) is amended by inserting ‘‘(B) GROSS RECEIPTS TEST.—A taxpayer tained in section 168(g)(3)(B) is amended by ‘‘and entitled’’ after ‘‘designated’’. meets the gross receipts test of this subpara- inserting after the item relating to subpara- Subtitle F—Minimum Wage Tip Credit graph for any prior taxable year if the aver- graph (E)(iii) the following new item: SEC. ll51. TIPPED WAGE FAIRNESS. age annual gross receipts of the taxpayer for ‘‘(E)(iv) ...... 39’’. Section 3(m) of the Fair Labor Standards the 3-taxable-year period ending with such (d) EFFECTIVE DATE.—The amendments Act of 1938 (29 U.S.C. 203(m)) is amended— prior taxable year does not exceed $10,000,000. made by this section shall apply to retail (1) in paragraph (2), by inserting before the The rules of paragraphs (2) and (3) of section restaurant buildings placed in service, and to period the following: ‘‘: Provided, That the 448(c) shall apply for purposes of the pre- all improvements made, after September 30, tips shall not be included as part of the wage ceding sentence. 2004, and before October 1, 2009. paid to an employee to the extent they are ‘‘(C) INFLATION ADJUSTMENT.—In the case CHAPTER 2—REVENUE PROVISIONS excluded therefrom under the terms of a of any taxable year beginning in a calendar SEC. ll71. FRIVOLOUS TAX SUBMISSIONS. bona fide collective bargaining agreement year after 2006, the dollar amount contained (a) CIVIL PENALTIES.—Section 6702 is applicable to the particular employee’’; and in subparagraph (B) shall be increased by an amended to read as follows: (2) adding at the end the following: ‘‘Not- amount equal to— ‘‘SEC. 6702. FRIVOLOUS TAX SUBMISSIONS. withstanding any other provision of this Act, ‘‘(i) such dollar amount, multiplied by ‘‘(a) CIVIL PENALTY FOR FRIVOLOUS TAX RE- any State or political subdivision of a State ‘‘(ii) the cost-of-living adjustment deter- TURNS.—A person shall pay a penalty of which, on and after the date of enactment of mined under section 1(f)(3) for the calendar $5,000 if— the Transportation, Treasury, the Judiciary, year in which the taxable year begins, by ‘‘(1) such person files what purports to be a Housing and Urban Development, and Re- substituting ‘calendar year 2005’ for ‘cal- return of a tax imposed by this title but lated Agencies Appropriations Act, 2006, ex- endar year 1992’ in subparagraph (B) thereof. which— cludes all of a tipped employee’s tips from If any amount as adjusted under this sub- ‘‘(A) does not contain information on being considered as wages in determining if paragraph is not a multiple of $100,000, such which the substantial correctness of the self- such tipped employee has been paid the ap- amount shall be rounded to the nearest mul- assessment may be judged, or plicable minimum wage rate, may not estab- tiple of $100,000.’’. ‘‘(B) contains information that on its face lish or enforce the minimum wage rate pro- (b) CLARIFICATION OF INVENTORY RULES FOR indicates that the self-assessment is substan- visions of such law, ordinance, regulation, or SMALL BUSINESS.—Section 471 (relating to tially incorrect; and order in such State or political subdivision general rule for inventories) is amended by ‘‘(2) the conduct referred to in paragraph thereof with respect to tipped employees un- redesignating subsection (c) as subsection (d) (1)— less such law, ordinance, regulation, or order and by inserting after subsection (b) the fol- ‘‘(A) is based on a position which the Sec- is revised or amended to permit a tip credit lowing new subsection: retary has identified as frivolous under sub- in an amount not less than an amount equal ‘‘(c) SMALL BUSINESS TAXPAYERS NOT RE- section (c), or to— QUIRED TO USE INVENTORIES.— ‘‘(B) reflects a desire to delay or impede ‘‘(A) the cash wage paid such employee ‘‘(1) IN GENERAL.—An eligible taxpayer the administration of Federal tax laws. which is required under such law, ordinance, shall not be required to use inventories ‘‘(b) CIVIL PENALTY FOR SPECIFIED FRIVO- regulation, or order on the date of enact- under this section for a taxable year. LOUS SUBMISSIONS.— ment of such Act; and ‘‘(2) TREATMENT OF TAXPAYERS NOT USING ‘‘(1) IMPOSITION OF PENALTY.—Except as ‘‘(B) an additional amount on account of INVENTORIES.—If an eligible taxpayer does provided in paragraph (3), any person who tips received by such employee which not use inventories with respect to any prop- submits a specified frivolous submission amount is equal to the difference between erty for any taxable year beginning after De- shall pay a penalty of $5,000. such cash wage and the minimum wage rate cember 31, 2004, such property shall be treat- ‘‘(2) SPECIFIED FRIVOLOUS SUBMISSION.—For in effect under such law, ordinance, regula- ed as a material or supply which is not inci- purposes of this section— tion, or order or the minimum wage rate in dental. ‘‘(A) SPECIFIED FRIVOLOUS SUBMISSION.— effect under section 6, whichever is higher.’’. ‘‘(3) ELIGIBLE TAXPAYER.—For purposes of The term ‘specified frivolous submission’ Subtitle G—Small Business Tax Relief this subsection, the term ‘eligible taxpayer’ means a specified submission if any portion SEC. ll60. AMENDMENT OF 1986 CODE. has the meaning given such term by section of such submission— Except as otherwise expressly provided, 446(g)(2).’’. ‘‘(i) is based on a position which the Sec- whenever in this subtitle an amendment or (c) EFFECTIVE DATE AND SPECIAL RULES.— retary has identified as frivolous under sub- repeal is expressed in terms of an amend- (1) IN GENERAL.—The amendments made by section (c), or ment to, or repeal of, a section or other pro- this section shall apply to taxable years be- ‘‘(ii) reflects a desire to delay or impede vision, the reference shall be considered to ginning after December 31, 2004. the administration of Federal tax laws. be made to a section or other provision of (2) CHANGE IN METHOD OF ACCOUNTING.—In ‘‘(B) SPECIFIED SUBMISSION.—The term the Internal Revenue Code of 1986. the case of any taxpayer changing the tax- ‘specified submission’ means— CHAPTER 1—PROVISIONS RELATING TO payer’s method of accounting for any taxable ‘‘(i) a request for a hearing under— ECONOMIC STIMULUS FOR SMALL BUSI- year under the amendments made by this ‘‘(I) section 6320 (relating to notice and op- NESSES section— portunity for hearing upon filing of notice of (A) such change shall be treated as initi- lien), or SEC. ll61. EXTENSION OF INCREASED EXPENS- ated by the taxpayer; ING FOR SMALL BUSINESS. ‘‘(II) section 6330 (relating to notice and (B) such change shall be treated as made (a) IN GENERAL.—Section 179 (relating to opportunity for hearing before levy), and election to expense certain depreciable busi- with the consent of the Secretary of the ‘‘(ii) an application under— ness assets) is amended by striking ‘‘2008’’ Treasury; and ‘‘(I) section 6159 (relating to agreements each place it appears and inserting ‘‘2009’’. (C) the net amount of the adjustments re- for payment of tax liability in installments), (b) EFFECTIVE DATE.—The amendments quired to be taken into account by the tax- ‘‘(II) section 7122 (relating to com- made by this section shall apply to taxable payer under section 481 of the Internal Rev- promises), or years beginning after December 31, 2007. enue Code of 1986 shall be taken into account ‘‘(III) section 7811 (relating to taxpayer as- SEC. ll62. CLARIFICATION OF CASH ACCOUNT- over a period (not greater than 4 taxable sistance orders). ING RULES FOR SMALL BUSINESS. years) beginning with such taxable year. ‘‘(3) OPPORTUNITY TO WITHDRAW SUBMIS- (a) CASH ACCOUNTING PERMITTED.—Section SEC. ll63. RECOVERY PERIOD FOR DEPRECIA- SION.—If the Secretary provides a person 446 (relating to general rule for methods of TION OF RESTAURANT BUILDINGS. with notice that a submission is a specified accounting) is amended by adding at the end (a) 15-YEAR RECOVERY PERIOD.—Subpara- frivolous submission and such person with- the following new subsection: graph (E) of section 168(e)(3) (relating to 15- draws such submission within 30 days after ‘‘(g) CERTAIN SMALL BUSINESS TAXPAYERS year property) is amended by striking ‘‘and’’ such notice, the penalty imposed under para- PERMITTED TO USE CASH ACCOUNTING METHOD at the end of clause (ii), by striking the pe- graph (1) shall not apply with respect to such WITHOUT LIMITATION.— riod at the end of clause (iii) and inserting ‘‘, submission.

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‘‘(c) LISTING OF FRIVOLOUS POSITIONS.—The under section 6702(c) of the Internal Revenue ‘‘SEC. 7874. RULES RELATING TO INVERTED COR- Secretary shall prescribe (and periodically Code of 1986, as amended by subsection (a). PORATE ENTITIES. ‘‘(a) INVERTED CORPORATIONS TREATED AS revise) a list of positions which the Sec- SEC. ll72. INCREASE IN CRIMINAL MONETARY retary has identified as being frivolous for PENALTY LIMITATION FOR THE UN- DOMESTIC CORPORATIONS.— purposes of this subsection. The Secretary DERPAYMENT OR OVERPAYMENT OF ‘‘(1) IN GENERAL.—If a foreign incorporated shall not include in such list any position TAX DUE TO FRAUD. entity is treated as an inverted domestic cor- that the Secretary determines meets the re- (a) IN GENERAL.—Section 7206 (relating to poration, then, notwithstanding section quirement of section 6662(d)(2)(B)(ii)(II). fraud and false statements) is amended— 7701(a)(4), such entity shall be treated for ‘‘(d) REDUCTION OF PENALTY.—The Sec- (1) by striking ‘‘Any person who—’’ and in- purposes of this title as a domestic corpora- retary may reduce the amount of any pen- serting ‘‘(a) IN GENERAL.—Any person who— tion. alty imposed under this section if the Sec- ’’, and ‘‘(2) INVERTED DOMESTIC CORPORATION.—For retary determines that such reduction would (2) by adding at the end the following new purposes of this section, a foreign incor- promote compliance with and administra- subsection: porated entity shall be treated as an in- tion of the Federal tax laws. ‘‘(b) INCREASE IN MONETARY LIMITATION FOR verted domestic corporation if, pursuant to a ‘‘(e) PENALTIES IN ADDITION TO OTHER PEN- UNDERPAYMENT OR OVERPAYMENT OF TAX DUE plan (or a series of related transactions)— ALTIES.—The penalties imposed by this sec- TO FRAUD.—If any portion of any under- ‘‘(A) the entity completes after March 20, tion shall be in addition to any other penalty payment (as defined in section 6664(a)) or 2002, the direct or indirect acquisition of sub- provided by law.’’. overpayment (as defined in section 6401(a)) of stantially all of the properties held directly (b) TREATMENT OF FRIVOLOUS REQUESTS tax required to be shown on a return is at- or indirectly by a domestic corporation or FOR HEARINGS BEFORE LEVY.— tributable to fraudulent action described in substantially all of the properties consti- (1) FRIVOLOUS REQUESTS DISREGARDED.— subsection (a), the applicable dollar amount tuting a trade or business of a domestic part- Section 6330 (relating to notice and oppor- under subsection (a) shall in no event be less nership, tunity for hearing before levy) is amended by than an amount equal to such portion. A rule ‘‘(B) after the acquisition at least 80 per- adding at the end the following new sub- similar to the rule under section 6663(b) shall cent of the stock (by vote or value) of the en- section: apply for purposes of determining the por- tity is held— ‘‘(i) in the case of an acquisition with re- ‘‘(g) FRIVOLOUS REQUESTS FOR HEARING, tion so attributable.’’. spect to a domestic corporation, by former ETC.—Notwithstanding any other provision (b) INCREASE IN PENALTIES.— shareholders of the domestic corporation by of this section, if the Secretary determines (1) ATTEMPT TO EVADE OR DEFEAT TAX.— reason of holding stock in the domestic cor- that any portion of a request for a hearing Section 7201 is amended— poration, or under this section or section 6320 meets the (A) by striking ‘‘$100,000’’ and inserting ‘‘(ii) in the case of an acquisition with re- requirement of clause (i) or (ii) of section ‘‘$250,000’’, spect to a domestic partnership, by former 6702(b)(2)(A), then the Secretary may treat (B) by striking ‘‘$500,000’’ and inserting partners of the domestic partnership by rea- such portion as if it were never submitted ‘‘$1,000,000’’, and son of holding a capital or profits interest in and such portion shall not be subject to any (C) by striking ‘‘5 years’’ and inserting ‘‘10 further administrative or judicial review.’’. the domestic partnership, and years’’. ‘‘(C) the expanded affiliated group which (2) PRECLUSION FROM RAISING FRIVOLOUS (2) WILLFUL FAILURE TO FILE RETURN, SUP- after the acquisition includes the entity does ISSUES AT HEARING.—Section 6330(c)(4) is PLY INFORMATION, OR PAY TAX.—Section 7203 amended— not have substantial business activities in is amended— the foreign country in which or under the (A) by striking ‘‘(A)’’ and inserting (A) in the first sentence— law of which the entity is created or orga- ‘‘(A)(i)’’; (i) by striking ‘‘misdemeanor’’ and insert- nized when compared to the total business (B) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’; ing ‘‘felony’’, and activities of such expanded affiliated group. (C) by striking the period at the end of the (ii) by striking ‘‘1 year’’ and inserting ‘‘10 first sentence and inserting ‘‘; or’’; and years’’, and Except as provided in regulations, an acqui- (D) by inserting after subparagraph (A)(ii) (B) by striking the third sentence. sition of properties of a domestic corporation shall not be treated as described in subpara- (as so redesignated) the following: (3) FRAUD AND FALSE STATEMENTS.—Section graph (A) if none of the corporation’s stock ‘‘(B) the issue meets the requirement of 7206(a) (as redesignated by subsection (a)) is was readily tradeable on an established secu- clause (i) or (ii) of section 6702(b)(2)(A).’’. amended— rities market at any time during the 4-year (3) STATEMENT OF GROUNDS.—Section (A) by striking ‘‘$100,000’’ and inserting period ending on the date of the acquisition. 6330(b)(1) is amended by striking ‘‘under sub- ‘‘$250,000’’, ‘‘(b) PRESERVATION OF DOMESTIC TAX BASE section (a)(3)(B)’’ and inserting ‘‘in writing (B) by striking ‘‘$500,000’’ and inserting IN CERTAIN INVERSION TRANSACTIONS TO under subsection (a)(3)(B) and states the ‘‘$1,000,000’’, and WHICH SUBSECTION (a) DOES NOT APPLY.— grounds for the requested hearing’’. (C) by striking ‘‘3 years’’ and inserting ‘‘5 ‘‘(1) IN GENERAL.—If a foreign incorporated (c) TREATMENT OF FRIVOLOUS REQUESTS years’’. entity would be treated as an inverted do- FOR HEARINGS UPON FILING OF NOTICE OF (c) EFFECTIVE DATE.—The amendments mestic corporation with respect to an ac- LIEN.—Section 6320 is amended— made by this section shall apply to under- quired entity if either— (1) in subsection (b)(1), by striking ‘‘under payments and overpayments attributable to ‘‘(A) subsection (a)(2)(A) were applied by subsection (a)(3)(B)’’ and inserting ‘‘in writ- actions occurring after the date of the enact- substituting ‘after December 31, 1996, and on ing under subsection (a)(3)(B) and states the ment of this Act. or before March 20, 2002’ for ‘after March 20, grounds for the requested hearing’’, and SEC. ll73. MODIFICATION OF INTERACTION BE- 2002’ and subsection (a)(2)(B) were applied by (2) in subsection (c), by striking ‘‘and (e)’’ TWEEN SUBPART F AND PASSIVE substituting ‘more than 50 percent’ for ‘at and inserting ‘‘(e), and (g)’’. FOREIGN INVESTMENT COMPANY least 80 percent’, or (d) TREATMENT OF FRIVOLOUS APPLICATIONS RULES. ‘‘(B) subsection (a)(2)(B) were applied by FOR OFFERS-IN-COMPROMISE AND INSTALL- (a) LIMITATION ON EXCEPTION FROM PFIC substituting ‘more than 50 percent’ for ‘at MENT AGREEMENTS.—Section 7122 is amended RULES FOR UNITED STATES SHAREHOLDERS OF least 80 percent’, by adding at the end the following new sub- CONTROLLED FOREIGN CORPORATIONS.—Para- then the rules of subsection (c) shall apply to section: graph (2) of section 1297(e) (relating to pas- any inversion gain of the acquired entity ‘‘(e) FRIVOLOUS SUBMISSIONS, ETC.—Not- sive foreign investment company) is amend- during the applicable period and the rules of withstanding any other provision of this sec- ed by adding at the end the following flush subsection (d) shall apply to any related tion, if the Secretary determines that any sentence: portion of an application for an offer-in-com- party transaction of the acquired entity dur- ‘‘Such term shall not include any period if promise or installment agreement submitted ing the applicable period. This subsection the earning of subpart F income by such cor- under this section or section 6159 meets the shall not apply for any taxable year if sub- poration during such period would result in requirement of clause (i) or (ii) of section section (a) applies to such foreign incor- only a remote likelihood of an inclusion in 6702(b)(2)(A), then the Secretary may treat porated entity for such taxable year. gross income under section 951(a)(1)(A)(i).’’. such portion as if it were never submitted ‘‘(2) ACQUIRED ENTITY.—For purposes of (b) EFFECTIVE DATE.—The amendment and such portion shall not be subject to any this section— made by this section shall apply to taxable further administrative or judicial review.’’. ‘‘(A) IN GENERAL.—The term ‘acquired enti- years of controlled foreign corporations be- (e) CLERICAL AMENDMENT.—The table of ty’ means the domestic corporation or part- sections for part I of subchapter B of chapter ginning after March 2, 2005, and to taxable nership substantially all of the properties of 68 is amended by striking the item relating years of United States shareholders with or which are directly or indirectly acquired in to section 6702 and inserting the following within which such taxable years of con- an acquisition described in subsection new item: trolled foreign corporations end. (a)(2)(A) to which this subsection applies. SEC. ll74. TAX TREATMENT OF INVERTED COR- ‘‘(B) AGGREGATION RULES.—Any domestic ‘‘Sec. 6702. Frivolous tax submissions.’’. PORATE ENTITIES. person bearing a relationship described in (f) EFFECTIVE DATE.—The amendments (a) IN GENERAL.—Subchapter C of chapter section 267(b) or 707(b) to an acquired entity made by this section shall apply to submis- 80 (relating to provisions affecting more than shall be treated as an acquired entity with sions made and issues raised after the date one subtitle) is amended by striking section respect to the acquisition described in sub- on which the Secretary first prescribes a list 7874 and inserting the following: paragraph (A).

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‘‘(3) APPLICABLE PERIOD.—For purposes of paragraphs (3) and (4) of section 860E(a) shall control (within the meaning of section 482) this section— apply for purposes of this section. shall be treated as 1 partnership. ‘‘(A) IN GENERAL.—The term ‘applicable pe- ‘‘(6) STATUTE OF LIMITATIONS.— ‘‘(E) TREATMENT OF CERTAIN RIGHTS.—The riod’ means the period— ‘‘(A) IN GENERAL.—The statutory period for Secretary shall prescribe such regulations as ‘‘(i) beginning on the first date properties the assessment of any deficiency attrib- may be necessary— are acquired as part of the acquisition de- utable to the inversion gain of any taxpayer ‘‘(i) to treat warrants, options, contracts scribed in subsection (a)(2)(A) to which this for any pre-inversion year shall not expire to acquire stock, convertible debt instru- subsection applies, and before the expiration of 3 years from the date ments, and other similar interests as stock, ‘‘(ii) ending on the date which is 10 years the Secretary is notified by the taxpayer (in and after the last date properties are acquired as such manner as the Secretary may prescribe) ‘‘(ii) to treat stock as not stock. part of such acquisition. of the acquisition described in subsection ‘‘(2) EXPANDED AFFILIATED GROUP.—The ‘‘(B) SPECIAL RULE FOR INVERSIONS OCCUR- (a)(2)(A) to which such gain relates and such term ‘expanded affiliated group’ means an RING BEFORE MARCH 21, 2002.—In the case of deficiency may be assessed before the expira- affiliated group as defined in section 1504(a) any acquired entity to which paragraph tion of such 3-year period notwithstanding but without regard to section 1504(b)(3), ex- (1)(A) applies, the applicable period shall be the provisions of any other law or rule of law cept that section 1504(a) shall be applied by the 10-year period beginning on January 1, which would otherwise prevent such assess- substituting ‘more than 50 percent’ for ‘at 2003. ment. least 80 percent’ each place it appears. ‘‘(c) TAX ON INVERSION GAINS MAY NOT BE ‘‘(B) PRE-INVERSION YEAR.—For purposes of ‘‘(3) FOREIGN INCORPORATED ENTITY.—The OFFSET.—If subsection (b) applies— subparagraph (A), the term ‘pre-inversion term ‘foreign incorporated entity’ means any ‘‘(1) IN GENERAL.—The taxable income of an year’ means any taxable year if— entity which is, or but for subsection (a)(1) acquired entity (or any expanded affiliated ‘‘(i) any portion of the applicable period is would be, treated as a foreign corporation for group which includes such entity) for any included in such taxable year, and purposes of this title. taxable year which includes any portion of ‘‘(ii) such year ends before the taxable year ‘‘(4) FOREIGN RELATED PERSON.—The term the applicable period shall in no event be in which the acquisition described in sub- ‘foreign related person’ means, with respect less than the inversion gain of the entity for section (a)(2)(A) is completed. to any acquired entity, a foreign person the taxable year. which— ‘‘(d) SPECIAL RULES APPLICABLE TO AC- ‘‘(2) CREDITS NOT ALLOWED AGAINST TAX ON ‘‘(A) bears a relationship to such entity de- QUIRED ENTITIES TO WHICH SUBSECTION (b) INVERSION GAIN.—Credits shall be allowed scribed in section 267(b) or 707(b), or APPLIES.— against the tax imposed by this chapter on ‘‘(B) is under the same common control ‘‘(1) INCREASES IN ACCURACY-RELATED PEN- an acquired entity for any taxable year de- (within the meaning of section 482) as such ALTIES.—In the case of any underpayment of scribed in paragraph (1) only to the extent tax of an acquired entity to which subsection entity. such tax exceeds the product of— (b) applies— ‘‘(5) SUBSEQUENT ACQUISITIONS BY UNRE- ‘‘(A) the amount of the inversion gain for ‘‘(A) section 6662(a) shall be applied with LATED DOMESTIC CORPORATIONS.— the taxable year, and respect to such underpayment by sub- ‘‘(A) IN GENERAL.—Subject to such condi- ‘‘(B) the highest rate of tax specified in stituting ‘30 percent’ for ‘20 percent’, and tions, limitations, and exceptions as the Sec- section 11(b)(1). ‘‘(B) if such underpayment is attributable retary may prescribe, if, after an acquisition For purposes of determining the credit al- to one or more gross valuation understate- described in subsection (a)(2)(A) to which lowed by section 901 inversion gain shall be ments, the increase in the rate of penalty subsection (b) applies, a domestic corpora- treated as from sources within the United under section 6662(h) shall be to 50 percent tion stock of which is traded on an estab- States. rather than 40 percent. lished securities market acquires directly or indirectly any properties of one or more ac- ‘‘(3) SPECIAL RULES FOR PARTNERSHIPS.—In ‘‘(2) MODIFICATIONS OF LIMITATION ON INTER- quired entities in a transaction with respect the case of an acquired entity which is a EST DEDUCTION.—In the case of an acquired partnership— entity to which subsection (b) applies, sec- to which the requirements of subparagraph ‘‘(A) the limitations of this subsection tion 163(j) shall be applied— (B) are met, this section shall cease to apply shall apply at the partner rather than the ‘‘(A) without regard to paragraph (2)(A)(ii) to any such acquired entity with respect to partnership level, thereof, and which such requirements are met. ‘‘(B) the inversion gain of any partner for ‘‘(B) by substituting ‘25 percent’ for ‘50 per- ‘‘(B) REQUIREMENTS.—The requirements of any taxable year shall be equal to the sum cent’ each place it appears in paragraph the subparagraph are met with respect to a of— (2)(B) thereof. transaction involving any acquisition de- scribed in subparagraph (A) if— ‘‘(i) the partner’s distributive share of in- ‘‘(e) OTHER DEFINITIONS AND SPECIAL ‘‘(i) before such transaction the domestic version gain of the partnership for such tax- RULES.—For purposes of this section— corporation did not have a relationship de- able year, plus ‘‘(1) RULES FOR APPLICATION OF SUBSECTION scribed in section 267(b) or 707(b), and was ‘‘(ii) income or gain required to be recog- (a)(2).—In applying subsection (a)(2) for pur- not under common control (within the mean- nized for the taxable year by the partner poses of subsections (a) and (b), the following ing of section 482), with the acquired entity, under section 367(a), 741, or 1001, or under rules shall apply: or any member of an expanded affiliated any other provision of chapter 1, by reason of ‘‘(A) CERTAIN STOCK DISREGARDED.—There group including such entity, and the transfer during the applicable period of shall not be taken into account in deter- ‘‘(ii) after such transaction, such acquired any partnership interest of the partner in mining ownership for purposes of subsection entity— such partnership to the foreign incorporated (a)(2)(B)— ‘‘(I) is a member of the same expanded af- entity, and ‘‘(i) stock held by members of the expanded filiated group which includes the domestic ‘‘(C) the highest rate of tax specified in the affiliated group which includes the foreign corporation or has such a relationship or is rate schedule applicable to the partner under incorporated entity, or under such common control with any mem- chapter 1 shall be substituted for the rate of ‘‘(ii) stock of such entity which is sold in ber of such group, and tax under paragraph (2)(B). a public offering or private placement re- ‘‘(II) is not a member of, and does not have ‘‘(4) INVERSION GAIN.—For purposes of this lated to the acquisition described in sub- such a relationship and is not under such section, the term ‘inversion gain’ means any section (a)(2)(A). common control with any member of, the ex- income or gain required to be recognized ‘‘(B) PLAN DEEMED IN CERTAIN CASES.—If a panded affiliated group which before such ac- under section 304, 311(b), 367, 1001, or 1248, or foreign incorporated entity acquires directly quisition included such entity. under any other provision of chapter 1, by or indirectly substantially all of the prop- reason of the transfer during the applicable ‘‘(f) REGULATIONS.—The Secretary shall erties of a domestic corporation or partner- provide such regulations as are necessary to period of stock or other properties by an ac- ship during the 4-year period beginning on quired entity— carry out this section, including regulations the date which is 2 years before the owner- providing for such adjustments to the appli- ‘‘(A) as part of the acquisition described in ship requirements of subsection (a)(2)(B) are cation of this section as are necessary to pre- subsection (a)(2)(A) to which subsection (b) met with respect to such domestic corpora- vent the avoidance of the purposes of this applies, or tion or partnership, such actions shall be section, including the avoidance of such pur- ‘‘(B) after such acquisition to a foreign re- treated as pursuant to a plan. poses through— lated person. ‘‘(C) CERTAIN TRANSFERS DISREGARDED.— ‘‘(1) the use of related persons, pass-thru or The Secretary may provide that income or The transfer of properties or liabilities (in- other noncorporate entities, or other inter- gain from the sale of inventories or other cluding by contribution or distribution) shall mediaries, or transactions in the ordinary course of a be disregarded if such transfers are part of a ‘‘(2) transactions designed to have persons trade or business shall not be treated as in- plan a principal purpose of which is to avoid cease to be (or not become) members of ex- version gain under subparagraph (B) to the the purposes of this section. panded affiliated groups or related persons.’’. extent the Secretary determines such treat- ‘‘(D) SPECIAL RULE FOR RELATED PARTNER- (b) INFORMATION REPORTING.—The Sec- ment would not be inconsistent with the pur- SHIPS.—For purposes of applying subsection retary of the Treasury shall exercise the Sec- poses of this section. (a)(2) to the acquisition of a domestic part- retary’s authority under the Internal Rev- ‘‘(5) COORDINATION WITH SECTION 172 AND nership, except as provided in regulations, enue Code of 1986 to require entities involved MINIMUM TAX.—Rules similar to the rules of all partnerships which are under common in transactions to which section 7874 of such

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IMPOSITION OF MARK-TO-MARKET property the basis of which is determined in report to the Secretary, shareholders, part- TAX ON INDIVIDUALS WHO EXPA- whole or in part by reference to the property ners, and such other persons as the Secretary TRIATE. with respect to which the election was made. may prescribe such information as is nec- (a) IN GENERAL.—Subpart A of part II of ‘‘(b) ELECTION TO DEFER TAX.— essary to ensure the proper tax treatment of subchapter N of chapter 1 is amended by in- ‘‘(1) IN GENERAL.—If the taxpayer elects the such transactions. serting after section 877 the following new application of this subsection with respect to (c) CONFORMING AMENDMENT.—The table of section: any property treated as sold by reason of sections for subchapter C of chapter 80 is ‘‘SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIA- subsection (a), the payment of the additional amended by striking the item relating to TION. tax attributable to such property shall be section 7874 and inserting the following: ‘‘(a) GENERAL RULES.—For purposes of this postponed until the due date of the return subtitle— for the taxable year in which such property ‘‘Sec. 7874. Rules relating to inverted cor- ‘‘(1) MARK TO MARKET.—Except as provided is disposed of (or, in the case of property dis- porate entities.’’. in subsections (d) and (f), all property of a posed of in a transaction in which gain is not (d) TRANSITION RULE FOR CERTAIN REGU- covered expatriate to whom this section ap- recognized in whole or in part, until such LATED INVESTMENT COMPANIES AND UNIT IN- plies shall be treated as sold on the day be- other date as the Secretary may prescribe). VESTMENT TRUSTS.—Notwithstanding section fore the expatriation date for its fair market ‘‘(2) DETERMINATION OF TAX WITH RESPECT 7874 of the Internal Revenue Code of 1986 (as value. TO PROPERTY.—For purposes of paragraph (1), added by subsection (a)), a regulated invest- ‘‘(2) RECOGNITION OF GAIN OR LOSS.—In the the additional tax attributable to any prop- ment company, or other pooled fund or trust case of any sale under paragraph (1)— erty is an amount which bears the same specified by the Secretary of the Treasury, ‘‘(A) notwithstanding any other provision ratio to the additional tax imposed by this may elect to recognize gain by reason of sec- of this title, any gain arising from such sale chapter for the taxable year solely by reason tion 367(a) of such Code with respect to a shall be taken into account for the taxable of subsection (a) as the gain taken into ac- transaction under which a foreign incor- year of the sale, and count under subsection (a) with respect to porated entity is treated as an inverted do- ‘‘(B) any loss arising from such sale shall such property bears to the total gain taken mestic corporation under section 7874(a) of be taken into account for the taxable year of into account under subsection (a) with re- such Code by reason of an acquisition com- the sale to the extent otherwise provided by spect to all property to which subsection (a) pleted after March 20, 2002, and before Janu- this title, except that section 1091 shall not applies. ary 1, 2004. apply to any such loss. ‘‘(3) TERMINATION OF POSTPONEMENT.—No (e) DISCLOSURE OF CORPORATE EXPATRIA- Proper adjustment shall be made in the tax may be postponed under this subsection TION TRANSACTIONS.— amount of any gain or loss subsequently re- later than the due date for the return of tax (1) IN GENERAL.—Section 14 of the Securi- alized for gain or loss taken into account imposed by this chapter for the taxable year ties Exchange Act of 1934 (15 U.S.C. 78n) is under the preceding sentence. which includes the date of death of the expa- amended by adding at the end the following ‘‘(3) EXCLUSION FOR CERTAIN GAIN.— triate (or, if earlier, the time that the secu- new subsection: ‘‘(A) IN GENERAL.—The amount which, but rity provided with respect to the property ‘‘(i) PROXY SOLICITATIONS IN CONNECTION for this paragraph, would be includible in the fails to meet the requirements of paragraph WITH CORPORATE EXPATRIATION TRANS- gross income of any individual by reason of (4), unless the taxpayer corrects such failure ACTIONS.— this section shall be reduced (but not below within the time specified by the Secretary). ‘‘(1) DISCLOSURE TO SHAREHOLDERS OF EF- zero) by $600,000. For purposes of this para- ‘‘(4) SECURITY.— FECTS OF CORPORATE EXPATRIATION TRANS- graph, allocable expatriation gain taken into ‘‘(A) IN GENERAL.—No election may be ACTION.—The Commission shall, by rule, re- account under subsection (f)(2) shall be made under paragraph (1) with respect to quire that each domestic issuer shall promi- treated in the same manner as an amount re- any property unless adequate security is pro- nently disclose, not later than 5 business quired to be includible in gross income. vided to the Secretary with respect to such days before any shareholder vote relating to ‘‘(B) COST-OF-LIVING ADJUSTMENT.— property. a corporate expatriation transaction, as a ‘‘(i) IN GENERAL.—In the case of an expa- ‘‘(B) ADEQUATE SECURITY.—For purposes of separate and distinct document accom- triation date occurring in any calendar year subparagraph (A), security with respect to panying each proxy statement relating to after 2004, the $600,000 amount under sub- any property shall be treated as adequate se- the transaction— paragraph (A) shall be increased by an curity if— ‘‘(A) the number of employees of the do- amount equal to— ‘‘(i) it is a bond in an amount equal to the mestic issuer that would be located in the ‘‘(I) such dollar amount, multiplied by deferred tax amount under paragraph (2) for new foreign jurisdiction of incorporation or ‘‘(II) the cost-of-living adjustment deter- the property, or organization of that issuer upon completion mined under section 1(f)(3) for such calendar ‘‘(ii) the taxpayer otherwise establishes to of the corporate expatriation transaction; year, determined by substituting ‘calendar the satisfaction of the Secretary that the se- ‘‘(B) how the rights of holders of the secu- year 2003’ for ‘calendar year 1992’ in subpara- curity is adequate. rities of the domestic issuer would be im- graph (B) thereof. ‘‘(5) WAIVER OF CERTAIN RIGHTS.—No elec- pacted by a completed corporate expatria- ‘‘(ii) ROUNDING RULES.—If any amount after tion may be made under paragraph (1) unless tion transaction, and any differences in such adjustment under clause (i) is not a multiple the taxpayer consents to the waiver of any rights before and after a completed cor- of $1,000, such amount shall be rounded to right under any treaty of the United States porate expatriation transaction; and the next lower multiple of $1,000. which would preclude assessment or collec- ‘‘(C) that, as a result of a completed cor- ‘‘(4) ELECTION TO CONTINUE TO BE TAXED AS tion of any tax imposed by reason of this sec- porate expatriation transaction, any taxable UNITED STATES CITIZEN.— tion. holder of the securities of the domestic ‘‘(A) IN GENERAL.—If a covered expatriate ‘‘(6) ELECTIONS.—An election under para- issuer shall be subject to the taxation of any elects the application of this paragraph— graph (1) shall only apply to property de- capital gains realized with respect to such ‘‘(i) this section (other than this paragraph scribed in the election and, once made, is ir- securities, and the amount of any such cap- and subsection (i)) shall not apply to the ex- revocable. An election may be made under ital gains tax that would apply as a result of patriate, but paragraph (1) with respect to an interest in a the transaction. ‘‘(ii) in the case of property to which this trust with respect to which gain is required ‘‘(2) DEFINITIONS.—In this subsection, the section would apply but for such election, to be recognized under subsection (f)(1). following definitions shall apply: the expatriate shall be subject to tax under ‘‘(7) INTEREST.—For purposes of section ‘‘(A) CORPORATE EXPATRIATION TRANS- this title in the same manner as if the indi- 6601— ACTION.—The term ‘corporate expatriation vidual were a United States citizen. ‘‘(A) the last date for the payment of tax transaction’ means any transaction, or se- ‘‘(B) REQUIREMENTS.—Subparagraph (A) shall be determined without regard to the ries of related transactions, described in sub- shall not apply to an individual unless the election under this subsection, and section (a) or (b) of section 7874 of the Inter- individual— ‘‘(B) section 6621(a)(2) shall be applied by nal Revenue Code of 1986. ‘‘(i) provides security for payment of tax in substituting ‘5 percentage points’ for ‘3 per- ‘‘(A) DOMESTIC ISSUER.—The term ‘domes- such form and manner, and in such amount, centage points’ in subparagraph (B) thereof. tic issuer’ means an issuer created or orga- as the Secretary may require, ‘‘(c) COVERED EXPATRIATE.—For purposes nized in the United States or under the law ‘‘(ii) consents to the waiver of any right of of this section— of the United States or of any State.’’ the individual under any treaty of the ‘‘(1) IN GENERAL.—Except as provided in (2) EFFECTIVE DATE.—Section 14(i) of the United States which would preclude assess- paragraph (2), the term ‘covered expatriate’ Securities Exchange Act of 1934 (as added by ment or collection of any tax which may be means an expatriate. this subsection) shall apply with respect to imposed by reason of this paragraph, and ‘‘(2) EXCEPTIONS.—An individual shall not corporate expatriation transactions (as de- ‘‘(iii) complies with such other require- be treated as a covered expatriate if— fined in that section 14(i)) proposed on and ments as the Secretary may prescribe. ‘‘(A) the individual— after the date of enactment of this Act. ‘‘(C) ELECTION.—An election under sub- ‘‘(i) became at birth a citizen of the United (f) EFFECTIVE DATE.—Except as provided in paragraph (A) shall apply to all property to States and a citizen of another country and, subsection (e)(2), the amendments made by which this section would apply but for the as of the expatriation date, continues to be a this section shall take effect as if included in election and, once made, shall be irrev- citizen of, and is taxed as a resident of, such the American Jobs Creation Act of 2004. ocable. Such election shall also apply to other country, and

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11587 ‘‘(ii) has not been a resident of the United the benefits of such treaty applicable to resi- ‘‘(i) the highest rate of tax imposed by sec- States (as defined in section 7701(b)(1)(A)(ii)) dents of the foreign country. tion 1(e) for the taxable year which includes during the 5 taxable years ending with the ‘‘(2) EXPATRIATION DATE.—The term ‘expa- the day before the expatriation date, multi- taxable year during which the expatriation triation date’ means— plied by the amount of the distribution, or date occurs, or ‘‘(A) the date an individual relinquishes ‘‘(ii) the balance in the deferred tax ac- ‘‘(B)(i) the individual’s relinquishment of United States citizenship, or count immediately before the distribution United States citizenship occurs before such ‘‘(B) in the case of a long-term resident of determined without regard to any increases individual attains age 181⁄2, and the United States, the date of the event de- under subparagraph (C)(ii) after the 30th day ‘‘(ii) the individual has been a resident of scribed in clause (i) or (ii) of paragraph preceding the distribution. the United States (as so defined) for not (1)(B). ‘‘(C) DEFERRED TAX ACCOUNT.—For purposes more than 5 taxable years before the date of ‘‘(3) RELINQUISHMENT OF CITIZENSHIP.—A of subparagraph (B)(ii)— relinquishment. citizen shall be treated as relinquishing ‘‘(i) OPENING BALANCE.—The opening bal- ‘‘(d) EXEMPT PROPERTY; SPECIAL RULES FOR United States citizenship on the earliest of— ance in a deferred tax account with respect PENSION PLANS.— ‘‘(A) the date the individual renounces to any trust interest is an amount equal to ‘‘(1) EXEMPT PROPERTY.—This section shall such individual’s United States nationality the tax which would have been imposed on not apply to the following: before a diplomatic or consular officer of the the allocable expatriation gain with respect ‘‘(A) UNITED STATES REAL PROPERTY INTER- United States pursuant to paragraph (5) of to the trust interest if such gain had been in- ESTS.—Any United States real property in- section 349(a) of the Immigration and Na- cluded in gross income under subsection (a). terest (as defined in section 897(c)(1)), other tionality Act (8 U.S.C. 1481(a)(5)), ‘‘(ii) INCREASE FOR INTEREST.—The balance than stock of a United States real property ‘‘(B) the date the individual furnishes to in the deferred tax account shall be in- holding corporation which does not, on the the United States Department of State a creased by the amount of interest deter- day before the expatriation date, meet the signed statement of voluntary relinquish- mined (on the balance in the account at the requirements of section 897(c)(2). ment of United States nationality con- time the interest accrues), for periods after ‘‘(B) SPECIFIED PROPERTY.—Any property firming the performance of an act of expa- the 90th day after the expatriation date, by or interest in property not described in sub- triation specified in paragraph (1), (2), (3), or using the rates and method applicable under paragraph (A) which the Secretary specifies (4) of section 349(a) of the Immigration and section 6621 for underpayments of tax for in regulations. Nationality Act (8 U.S.C. 1481(a)(1)–(4)), such periods, except that section 6621(a)(2) ‘‘(2) SPECIAL RULES FOR CERTAIN RETIRE- ‘‘(C) the date the United States Depart- shall be applied by substituting ‘5 percentage MENT PLANS.— ment of State issues to the individual a cer- points’ for ‘3 percentage points’ in subpara- ‘‘(A) IN GENERAL.—If a covered expatriate tificate of loss of nationality, or graph (B) thereof. holds on the day before the expatriation date ‘‘(D) the date a court of the United States ‘‘(iii) DECREASE FOR TAXES PREVIOUSLY any interest in a retirement plan to which cancels a naturalized citizen’s certificate of PAID.—The balance in the tax deferred ac- this paragraph applies— naturalization. ‘‘(i) such interest shall not be treated as count shall be reduced— Subparagraph (A) or (B) shall not apply to ‘‘(I) by the amount of taxes imposed by sold for purposes of subsection (a)(1), but any individual unless the renunciation or ‘‘(ii) an amount equal to the present value subparagraph (A) on any distribution to the voluntary relinquishment is subsequently person holding the trust interest, and of the expatriate’s nonforfeitable accrued approved by the issuance to the individual of benefit shall be treated as having been re- ‘‘(II) in the case of a person holding a non- a certificate of loss of nationality by the vested interest, to the extent provided in ceived by such individual on such date as a United States Department of State. distribution under the plan. regulations, by the amount of taxes imposed ‘‘(4) LONG-TERM RESIDENT.—The term ‘long- by subparagraph (A) on distributions from ‘‘(B) TREATMENT OF SUBSEQUENT DISTRIBU- term resident’ has the meaning given to such the trust with respect to nonvested interests TIONS.—In the case of any distribution on or term by section 877(e)(2). after the expatriation date to or on behalf of not held by such person. the covered expatriate from a plan from ‘‘(f) SPECIAL RULES APPLICABLE TO BENE- ‘‘(D) ALLOCABLE EXPATRIATION GAIN.—For which the expatriate was treated as receiv- FICIARIES’ INTERESTS IN TRUST.— purposes of this paragraph, the allocable ex- ing a distribution under subparagraph (A), ‘‘(1) IN GENERAL.—Except as provided in patriation gain with respect to any bene- the amount otherwise includible in gross in- paragraph (2), if an individual is determined ficiary’s interest in a trust is the amount of come by reason of the subsequent distribu- under paragraph (3) to hold an interest in a gain which would be allocable to such bene- tion shall be reduced by the excess of the trust on the day before the expatriation ficiary’s vested and nonvested interests in amount includible in gross income under date— the trust if the beneficiary held directly all subparagraph (A) over any portion of such ‘‘(A) the individual shall not be treated as assets allocable to such interests. amount to which this subparagraph pre- having sold such interest, ‘‘(E) TAX DEDUCTED AND WITHHELD.— viously applied. ‘‘(B) such interest shall be treated as a sep- ‘‘(i) IN GENERAL.—The tax imposed by sub- ‘‘(C) TREATMENT OF SUBSEQUENT DISTRIBU- arate share in the trust, and paragraph (A)(ii) shall be deducted and with- TIONS BY PLAN.—For purposes of this title, a ‘‘(C)(i) such separate share shall be treated held by the trustees from the distribution to retirement plan to which this paragraph ap- as a separate trust consisting of the assets which it relates. allocable to such share, plies, and any person acting on the plan’s be- ‘‘(ii) EXCEPTION WHERE FAILURE TO WAIVE ‘‘(ii) the separate trust shall be treated as half, shall treat any subsequent distribution TREATY RIGHTS.—If an amount may not be described in subparagraph (B) in the same having sold its assets on the day before the deducted and withheld under clause (i) by expatriation date for their fair market value manner as such distribution would be treat- reason of the distributee failing to waive any and as having distributed all of its assets to ed without regard to this paragraph. treaty right with respect to such distribu- the individual as of such time, and ‘‘(D) APPLICABLE PLANS.—This paragraph tion— ‘‘(iii) the individual shall be treated as shall apply to— ‘‘(I) the tax imposed by subparagraph having recontributed the assets to the sepa- ‘‘(i) any qualified retirement plan (as de- (A)(ii) shall be imposed on the trust and each fined in section 4974(c)), rate trust. trustee shall be personally liable for the ‘‘(ii) an eligible deferred compensation Subsection (a)(2) shall apply to any income, amount of such tax, and plan (as defined in section 457(b)) of an eligi- gain, or loss of the individual arising from a ‘‘(II) any other beneficiary of the trust ble employer described in section distribution described in subparagraph shall be entitled to recover from the dis- 457(e)(1)(A), and (C)(ii). In determining the amount of such tributee the amount of such tax imposed on ‘‘(iii) to the extent provided in regulations, distribution, proper adjustments shall be the other beneficiary. any foreign pension plan or similar retire- made for liabilities of the trust allocable to ‘‘(F) DISPOSITION.—If a trust ceases to be a ment arrangements or programs. an individual’s share in the trust. qualified trust at any time, a covered expa- ‘‘(e) DEFINITIONS.—For purposes of this sec- ‘‘(2) SPECIAL RULES FOR INTERESTS IN QUALI- triate disposes of an interest in a qualified tion— FIED TRUSTS.— trust, or a covered expatriate holding an in- ‘‘(1) EXPATRIATE.—The term ‘expatriate’ ‘‘(A) IN GENERAL.—If the trust interest de- means— scribed in paragraph (1) is an interest in a terest in a qualified trust dies, then, in lieu ‘‘(A) any United States citizen who relin- qualified trust— of the tax imposed by subparagraph (A)(ii), quishes citizenship, and ‘‘(i) paragraph (1) and subsection (a) shall there is hereby imposed a tax equal to the ‘‘(B) any long-term resident of the United not apply, and lesser of— States who— ‘‘(ii) in addition to any other tax imposed ‘‘(i) the tax determined under paragraph (1) ‘‘(i) ceases to be a lawful permanent resi- by this title, there is hereby imposed on each as if the day before the expatriation date dent of the United States (within the mean- distribution with respect to such interest a were the date of such cessation, disposition, ing of section 7701(b)(6)), or tax in the amount determined under sub- or death, whichever is applicable, or ‘‘(ii) commences to be treated as a resident paragraph (B). ‘‘(ii) the balance in the tax deferred ac- of a foreign country under the provisions of ‘‘(B) AMOUNT OF TAX.—The amount of tax count immediately before such date. a tax treaty between the United States and under subparagraph (A)(ii) shall be equal to Such tax shall be imposed on the trust and the foreign country and who does not waive the lesser of— each trustee shall be personally liable for the

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amount of such tax and any other bene- ‘‘(3) TREATMENT OF TAX.—Any tax paid amended by adding at the end the following ficiary of the trust shall be entitled to re- under paragraph (1) shall be treated as a pay- new paragraph: cover from the covered expatriate or the es- ment of the tax imposed by this chapter for ‘‘(48) TERMINATION OF UNITED STATES CITI- tate the amount of such tax imposed on the the taxable year to which subsection (a) ap- ZENSHIP.— other beneficiary. plies. ‘‘(A) IN GENERAL.—An individual shall not ‘‘(G) DEFINITIONS AND SPECIAL RULES.—For ‘‘(4) DEFERRAL OF TAX.—The provisions of cease to be treated as a United States citizen purposes of this paragraph— subsection (b) shall apply to the tax imposed before the date on which the individual’s ‘‘(i) QUALIFIED TRUST.—The term ‘qualified by this subsection to the extent attributable citizenship is treated as relinquished under trust’ means a trust which is described in to gain includible in gross income by reason section 877A(e)(3). section 7701(a)(30)(E). of this section. ‘‘(B) DUAL CITIZENS.—Under regulations ‘‘(ii) VESTED INTEREST.—The term ‘vested ‘‘(i) SPECIAL LIENS FOR DEFERRED TAX prescribed by the Secretary, subparagraph interest’ means any interest which, as of the AMOUNTS.— (A) shall not apply to an individual who be- day before the expatriation date, is vested in ‘‘(1) IMPOSITION OF LIEN.— came at birth a citizen of the United States the beneficiary. ‘‘(A) IN GENERAL.—If a covered expatriate and a citizen of another country.’’. ‘‘(iii) NONVESTED INTEREST.—The term makes an election under subsection (a)(4) or (d) INELIGIBILITY FOR VISA OR ADMISSION TO ‘nonvested interest’ means, with respect to (b) which results in the deferral of any tax UNITED STATES.— any beneficiary, any interest in a trust imposed by reason of subsection (a), the de- (1) IN GENERAL.—Section 212(a)(10)(E) of the which is not a vested interest. Such interest ferred amount (including any interest, addi- Immigration and Nationality Act (8 U.S.C. shall be determined by assuming the max- tional amount, addition to tax, assessable 1182(a)(10)(E)) is amended to read as follows: imum exercise of discretion in favor of the penalty, and costs attributable to the de- ‘‘(E) FORMER CITIZENS NOT IN COMPLIANCE beneficiary and the occurrence of all contin- ferred amount) shall be a lien in favor of the WITH EXPATRIATION REVENUE PROVISIONS.— gencies in favor of the beneficiary. United States on all property of the expa- Any alien who is a former citizen of the ‘‘(iv) ADJUSTMENTS.—The Secretary may triate located in the United States (without United States who relinquishes United provide for such adjustments to the bases of regard to whether this section applies to the States citizenship (within the meaning of assets in a trust or a deferred tax account, property). section 877A(e)(3) of the Internal Revenue and the timing of such adjustments, in order ‘‘(B) DEFERRED AMOUNT.—For purposes of Code of 1986) and who is not in compliance to ensure that gain is taxed only once. this subsection, the deferred amount is the with section 877A of such Code (relating to ‘‘(v) COORDINATION WITH RETIREMENT PLAN amount of the increase in the covered expa- expatriation).’’. RULES.—This subsection shall not apply to triate’s income tax which, but for the elec- (2) AVAILABILITY OF INFORMATION.— an interest in a trust which is part of a re- tion under subsection (a)(4) or (b), would (A) IN GENERAL.—Section 6103(l) (relating tirement plan to which subsection (d)(2) ap- have occurred by reason of this section for to disclosure of returns and return informa- plies. the taxable year including the expatriation tion for purposes other than tax administra- ‘‘(3) DETERMINATION OF BENEFICIARIES’ IN- date. tion) is amended by adding at the end the TEREST IN TRUST.— ‘‘(2) PERIOD OF LIEN.—The lien imposed by following new paragraph: ‘‘(A) DETERMINATIONS UNDER PARAGRAPH this subsection shall arise on the expatria- ‘‘(19) DISCLOSURE TO DENY VISA OR ADMIS- (1).—For purposes of paragraph (1), a bene- tion date and continue until— SION TO CERTAIN EXPATRIATES.—Upon written ficiary’s interest in a trust shall be based ‘‘(A) the liability for tax by reason of this request of the Attorney General or the At- upon all relevant facts and circumstances, section is satisfied or has become unenforce- torney General’s delegate, the Secretary including the terms of the trust instrument able by reason of lapse of time, or shall disclose whether an individual is in and any letter of wishes or similar docu- ‘‘(B) it is established to the satisfaction of compliance with section 877A (and if not in ment, historical patterns of trust distribu- the Secretary that no further tax liability compliance, any items of noncompliance) to tions, and the existence of and functions per- may arise by reason of this section. officers and employees of the Federal agency formed by a trust protector or any similar ‘‘(3) CERTAIN RULES APPLY.—The rules set responsible for administering section adviser. forth in paragraphs (1), (3), and (4) of section 212(a)(10)(E) of the Immigration and Nation- ‘‘(B) OTHER DETERMINATIONS.—For purposes 6324A(d) shall apply with respect to the lien ality Act solely for the purpose of, and to the of this section— imposed by this subsection as if it were a extent necessary in, administering such sec- ‘‘(i) CONSTRUCTIVE OWNERSHIP.—If a bene- lien imposed by section 6324A. tion 212(a)(10)(E).’’. ficiary of a trust is a corporation, partner- ‘‘(j) REGULATIONS.—The Secretary shall (B) SAFEGUARDS.— ship, trust, or estate, the shareholders, part- prescribe such regulations as may be nec- (i) TECHNICAL AMENDMENTS.—Paragraph (4) ners, or beneficiaries shall be deemed to be essary or appropriate to carry out the pur- of section 6103(p) of the Internal Revenue the trust beneficiaries for purposes of this poses of this section.’’. Code of 1986, as amended by section section. (b) INCLUSION IN INCOME OF GIFTS AND BE- 202(b)(2)(B) of the Trade Act of 2002 (Public ‘‘(ii) TAXPAYER RETURN POSITION.—A tax- QUESTS RECEIVED BY UNITED STATES CITIZENS Law 107–210; 116 Stat. 961), is amended by payer shall clearly indicate on its income AND RESIDENTS FROM EXPATRIATES.—Section striking ‘‘or (17)’’ after ‘‘any other person de- tax return— 102 (relating to gifts, etc. not included in scribed in subsection (l)(16)’’ each place it ‘‘(I) the methodology used to determine gross income) is amended by adding at the appears and inserting ‘‘or (18)’’. that taxpayer’s trust interest under this sec- end the following new subsection: (ii) CONFORMING AMENDMENTS.—Section tion, and ‘‘(d) GIFTS AND INHERITANCES FROM COV- 6103(p)(4) (relating to safeguards), as amend- ‘‘(II) if the taxpayer knows (or has reason ERED EXPATRIATES.— ed by clause (i), is amended by striking ‘‘or to know) that any other beneficiary of such ‘‘(1) IN GENERAL.—Subsection (a) shall not (18)’’ after ‘‘any other person described in trust is using a different methodology to de- exclude from gross income the value of any subsection (l)(16)’’ each place it appears and termine such beneficiary’s trust interest property acquired by gift, bequest, devise, or inserting ‘‘(18), or (19)’’. under this section. inheritance from a covered expatriate after (3) EFFECTIVE DATES.— ‘‘(g) TERMINATION OF DEFERRALS, ETC.—In the expatriation date. For purposes of this (A) IN GENERAL.—Except as provided in the case of any covered expatriate, notwith- subsection, any term used in this subsection subparagraph (B), the amendments made by standing any other provision of this title— which is also used in section 877A shall have this subsection shall apply to individuals ‘‘(1) any period during which recognition of the same meaning as when used in section who relinquish United States citizenship on income or gain is deferred shall terminate on 877A. or after the date of the enactment of this the day before the expatriation date, and ‘‘(2) EXCEPTIONS FOR TRANSFERS OTHERWISE Act. ‘‘(2) any extension of time for payment of SUBJECT TO ESTATE OR GIFT TAX.—Paragraph (B) TECHNICAL AMENDMENTS.—The amend- tax shall cease to apply on the day before the (1) shall not apply to any property if either— ments made by paragraph (2)(B)(i) shall take expatriation date and the unpaid portion of ‘‘(A) the gift, bequest, devise, or inherit- effect as if included in the amendments made such tax shall be due and payable at the time ance is— by section 202(b)(2)(B) of the Trade Act of and in the manner prescribed by the Sec- ‘‘(i) shown on a timely filed return of tax 2002 (Public Law 107–210; 116 Stat. 961). retary. imposed by chapter 12 as a taxable gift by (e) CONFORMING AMENDMENTS.— ‘‘(h) IMPOSITION OF TENTATIVE TAX.— the covered expatriate, or (1) Section 877 is amended by adding at the ‘‘(1) IN GENERAL.—If an individual is re- ‘‘(ii) included in the gross estate of the end the following new subsection: quired to include any amount in gross in- covered expatriate for purposes of chapter 11 ‘‘(g) APPLICATION.—This section shall not come under subsection (a) for any taxable and shown on a timely filed return of tax im- apply to an expatriate (as defined in section year, there is hereby imposed, immediately posed by chapter 11 of the estate of the cov- 877A(e)) whose expatriation date (as so de- before the expatriation date, a tax in an ered expatriate, or fined) occurs on or after April 1, 2005.’’. amount equal to the amount of tax which ‘‘(B) no such return was timely filed but no (2) Section 2107 is amended by adding at would be imposed if the taxable year were a such return would have been required to be the end the following new subsection: short taxable year ending on the expatria- filed even if the covered expatriate were a ‘‘(f) APPLICATION.—This section shall not tion date. citizen or long-term resident of the United apply to any expatriate subject to section ‘‘(2) DUE DATE.—The due date for any tax States.’’. 877A.’’. imposed by paragraph (1) shall be the 90th (c) DEFINITION OF TERMINATION OF UNITED (3) Section 2501(a)(3) is amended by adding day after the expatriation date. STATES CITIZENSHIP.—Section 7701(a) is at the end the following new subparagraph:

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11589 ‘‘(F) APPLICATION.—This paragraph shall ury in January of 2003 under which any tax- and Urban Development, the Judiciary, not apply to any expatriate subject to sec- payer was eligible to voluntarily disclose District of Columbia, and independent tion 877A.’’. previously undisclosed income on assets agencies for the fiscal year ending Sep- (4)(A) Paragraph (1) of section 6039G(d) is placed in offshore accounts and accessed tember 30, 2006, and for other purposes; amended by inserting ‘‘or 877A’’ after ‘‘sec- through credit card and other financial ar- tion 877’’. rangements. which was ordered to lie on the table; (B) The second sentence of section 6039G(e) (3) PARTICIPATION.—A taxpayer shall be as follows: is amended by inserting ‘‘or who relinquishes treated as having participated in the Vol- On page 311, line 19, strike the period and United States citizenship (within the mean- untary Offshore Compliance Initiative if the insert ‘‘: Provided further, That of the funds ing of section 877A(e)(3))’’ after ‘‘877(a))’’. taxpayer submitted the request in a timely provided under this paragraph $250,000 shall (C) Section 6039G(f) is amended by insert- manner and all information requested by the be available for the Learning Collaborative, ing ‘‘or 877A(e)(2)(B)’’ after ‘‘877(e)(1)’’. Secretary of the Treasury or his delegate to implement the Web Portal Technology (f) CLERICAL AMENDMENT.—The table of within a reasonable period of time following Development Initiative in Daviess County sections for subpart A of part II of sub- the request. schools (not for Daviess County generally).’’. chapter N of chapter 1 is amended by insert- (c) EFFECTIVE DATE.—The provisions of ing after the item relating to section 877 the this section shall apply to interest, pen- Mrs. CLINTON submitted an following new item: alties, additions to tax, and fines with re- SA 2117. spect to any taxable year if as of the date of amendment intended to be proposed by ‘‘Sec. 877A. Tax responsibilities of expatria- the enactment of this Act, the assessment of her to the bill H.R. 3058, making appro- tion.’’. any tax, penalty, or interest with respect to priations for the Departments of (g) EFFECTIVE DATE.— such taxable year is not prevented by the op- Transportation, Treasury, and Housing (1) IN GENERAL.—Except as provided in this eration of any law or rule of law. and Urban Development, the Judiciary, subsection, the amendments made by this SEC. ll77. TREASURY REGULATIONS ON FOR- District of Columbia, and independent section shall apply to expatriates (within the EIGN TAX CREDIT. agencies for the fiscal year ending Sep- meaning of section 877A(e) of the Internal Section 901 is amended by redesignating Revenue Code of 1986, as added by this sec- subsection (m) as subsection (n) and by in- tember 30, 2006, and for other purposes; tion) whose expatriation date (as so defined) serting after subsection (l) the following new which was ordered to lie on the table; occurs on or after April 1, 2005. subsection: as follows: (2) GIFTS AND BEQUESTS.—Section 102(d) of ‘‘(m) REGULATIONS.—The Secretary may On page 244, line 17, insert ‘‘, of which the Internal Revenue Code of 1986 (as added prescribe regulations disallowing a credit $5,000,000 shall be made available to carry by subsection (b)) shall apply to gifts and be- under subsection (a) for all or a portion of out the grant program authorized under sec- quests received on or after April 1, 2005, from any foreign tax, or allocating a foreign tax tion 158(b) of the National Telecommuni- an individual or the estate of an individual among 2 or more persons, in cases where the cations and Information Administration Or- whose expatriation date (as so defined) oc- foreign tax is imposed on any person in re- ganization Act (47 U.S.C. 942(b)) and not curs after such date. spect of income of another person or in other more than 10 percent of this amount may be (3) DUE DATE FOR TENTATIVE TAX.—The due cases involving the inappropriate separation used for administrative purposes:’’ after date under section 877A(h)(2) of the Internal of the foreign tax from the related foreign ‘‘Highway Trust Fund:’’. Revenue Code of 1986, as added by this sec- income.’’. tion, shall in no event occur before the 90th SEC. ll78. TREATMENT OF CONTINGENT PAY- day after the date of the enactment of this MENT CONVERTIBLE DEBT INSTRU- SA 2118. Mr. DORGAN submitted an Act. MENTS. amendment intended to be proposed by SEC. ll76. DOUBLING OF CERTAIN PENALTIES, (a) IN GENERAL.—Section 1275(d) (relating him to the bill H.R. 3058, making ap- FINES, AND INTEREST ON UNDER- to regulation authority) is amended— propriations for the Departments of PAYMENTS RELATED TO CERTAIN (1) by striking ‘‘The Secretary’’ and insert- Transportation, Treasury, and Housing OFFSHORE FINANCIAL ARRANGE- ing the following: MENT. and Urban Development, the Judiciary, ‘‘(1) IN GENERAL.—The Secretary’’, and District of Columbia, and independent (a) DETERMINATION OF PENALTY.— (2) by adding at the end the following new (1) IN GENERAL.—Notwithstanding any paragraph: agencies for the fiscal year ending Sep- other provision of law, in the case of an ap- ‘‘(2) TREATMENT OF CONTINGENT PAYMENT tember 30, 2006, and for other purposes; plicable taxpayer— CONVERTIBLE DEBT.— which was ordered to lie on the table; (A) the determination as to whether any ‘‘(A) IN GENERAL.—In the case of a debt in- as follows: interest or applicable penalty is to be im- strument which— posed with respect to any arrangement to On page 276, after line 24, add the fol- ‘‘(i) is convertible into stock of the issuing lowing: which any initiative described in paragraph corporation, into stock or debt of a related SEC. 18ll. Notwithstanding any other (2) applied, or to any underpayment of Fed- party (within the meaning of section 267(b) provision of law, a vehicle that, with respect eral income tax attributable to items arising or 707(b)(1)), or into cash or other property in to weight or weight distribution characteris- in connection with any arrangement de- an amount equal to the approximate value of tics, could lawfully operate in the State of scribed in paragraph (2), shall be made with- such stock or debt, and North Dakota as of January 1, 2004, on out regard to section 6664 of the Internal ‘‘(ii) provides for contingent payments, Revenue Code of 1986, and United States Highway 52 (including the (B) if any such interest or applicable pen- any regulations which require original issue United States Highway 52 bypass of James- alty is imposed, the amount of such interest discount to be determined by reference to town, North Dakota) or on United States or penalty shall be equal to twice that deter- the comparable yield of a noncontingent Highway 281 may operate on Interstate mined without regard to this section. fixed rate debt instrument shall be applied as Route 94 in North Dakota between the inter- (2) APPLICABLE TAXPAYER.—For purposes of requiring that such comparable yield be de- section of Interstate Route 94 and United this subsection, the term ‘‘applicable tax- termined by reference to a noncontingent States Route 281 and the intersection of payer’’ means a taxpayer eligible to partici- fixed rate debt instrument which is convert- Interstate Route 94 and the United States pate in— ible into stock. Highway 52 bypass (including interchanges), (A) the Department of the Treasury’s Off- ‘‘(B) SPECIAL RULE.—For purposes of sub- under the same conditions as the vehicle shore Voluntary Compliance Initiative, or paragraph (A), the comparable yield shall be may operate in that State on those United (B) the Department of the Treasury’s vol- determined without taking into account the States highways (including that bypass). untary disclosure initiative which applies to yield resulting from the conversion of a debt instrument into stock.’’. the taxpayer by reason of the taxpayer’s SA 2119. Mr. ENSIGN (for himself underreporting of United States income tax (b) CROSS REFERENCE.—Section 163(e)(6) (relating to cross references) is amended by and Mr. REID) submitted an amend- liability through financial arrangements ment intended to be proposed by him which rely on the use of offshore arrange- adding at the end the following: ments which were the subject of the initia- ‘‘For the treatment of contingent payment to the bill H.R. 3058, making appropria- tive described in subparagraph (A). convertible debt, see section 1275(d)(2).’’. tions for the Departments of Transpor- (c) EFFECTIVE DATE.—The amendments (b) DEFINITIONS AND RULES.—For purposes tation, Treasury, and Housing and of this section— made by this section shall apply to debt in- Urban Development, the Judiciary, struments issued on or after the date of the (1) APPLICABLE PENALTY.—The term ‘‘appli- enactment of this Act. District of Columbia, and independent cable penalty’’ means any penalty, addition agencies for the fiscal year ending Sep- to tax, or fine imposed under chapter 68 of SA 2116. Mr. LUGAR submitted an tember 30, 2006, and for other purposes; the Internal Revenue Code of 1986. which was ordered to lie on the table; (2) VOLUNTARY OFFSHORE COMPLIANCE INI- amendment intended to be proposed by TIATIVE.—The term ‘‘Voluntary Offshore him to the bill H.R. 3058, making ap- as follows: Compliance Initiative’’ means the program propriations for the Departments of On page 230, after line 22, insert the fol- established by the Department of the Treas- Transportation, Treasury, and Housing lowing:

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11590 CONGRESSIONAL RECORD — SENATE October 19, 2005 SEC. 109. Section 40128(e) of title 49, United him to the bill H.R. 3058, making ap- (B) CIVIL PENALTY.—The Commission may States Code, is amended by adding at the end propriations for the Departments of impose a civil penalty not to exceed $5,000 the following: ‘‘For purposes of this sub- Transportation, Treasury, and Housing for each violation of this section. For pur- section, an air tour operator flying over the and Urban Development, the Judiciary, poses of this subparagraph, each day of viola- Hoover Dam in the Lake Mead National tion shall constitute a separate offense. Civil Recreation Area en route to the Grand Can- District of Columbia, and independent penalties under this subparagraph shall not yon National Park shall be deemed to be fly- agencies for the fiscal year ending Sep- exceed amounts provided in subparagraph ing solely as a transportation route.’’. tember 30, 2006, and for other purposes; (A). which was ordered to lie on the table; (c) ACTION BY STATE ATTORNEY GENERAL.— SA 2120. Mr. VOINOVICH (for himself as follows: The attorney general of a State may bring a and Mr. DEWINE) submitted an amend- On page 338, line 15, strike ‘‘and is occupied civil action for a violation of this section ment intended to be proposed by him primarily by elderly or disabled families’’. pursuant to section 4C of the Clayton Act (15 U.S.C. 15c). to the bill H.R. 3058, making appropria- On page 338, line 19, insert ‘‘, and the con- tions for the Departments of Transpor- tract for such payments shall be renewable SA 2124. Mr. SCHUMER (for himself, tation, Treasury, and Housing and by the owner under the provisions of section Ms. SNOWE, Mrs. CLINTON, Mr. JEF- 524 of the Multifamily Assisted Housing Re- Urban Development, the Judiciary, FORDS, and Mr. LEAHY) submitted an District of Columbia, and independent form and Affordability Act of 1997 (42 U.S.C. 1437f note)’’ after ‘‘in the property’’. amendment intended to be proposed by agencies for the fiscal year ending Sep- him to the bill H.R. 3058, making ap- tember 30, 2006, and for other purposes; SA 2123. Mr. DAYTON submitted an propriations for the Departments of which was ordered to lie on the table; amendment intended to be proposed by Transportation, Treasury, and Housing as follows: him to the bill H.R. 3058, making ap- and Urban Development, the Judiciary, On page 436, between lines 10 and 11, insert propriations for the Departments of District of Columbia, and independent the following: Transportation, Treasury, and Housing agencies for the fiscal year ending Sep- SEC. 8lll.(a) The table contained in sec- and Urban Development, the Judiciary, tion 1702 of the Safe, Accountable, Flexible, tember 30, 2006, and for other purposes; Efficient Transportation Equity Act: A Leg- District of Columbia, and independent which was ordered to lie on the table; acy for Users (Public Law 109–59; 119 Stat. agencies for the fiscal year ending Sep- as follows: 1144) is amended in item number 4632 by tember 30, 2006, and for other purposes; On page 220, line 26, strike ‘‘$60,000,000’’ and striking ‘‘Construct 1,100 foot bulkhead/ as follows: all that follows through the period on page riverwalk connecting Front and Maine Ave. At the end of the bill, add the following: 221, line 2, and insert the following: public rights-of-way’’ and inserting ‘‘For TITLE ll—NATURAL DISASTER OIL AND ‘‘$77,000,000, to be derived from the Airport roadway improvements and construction of GAS PRICE GOUGING PREVENTION ACT and Airway Trust Fund, to remain available 1,100 foot bulkhead/riverwalk connecting OF 2005 until expended: Provided, That not to exceed Front and Maine Ave. public rights-of-way’’. $17,000,000 for fiscal year 2006 shall be used SEC. l01. SHORT TITLE. (b) The table contained in section 3044 of for adjustments to account for significantly This title may be cited as the ‘‘Natural the Safe, Accountable, Flexible, Efficient increased costs as provided for in section Disaster Oil and Gas Price Gouging Preven- Transportation Equity Act: A Legacy for 41737(e)(1) of title 49, United States Code: tion Act of 2005’’. Users (Public Law 109–59; 119 Stat. 1144) is Provided further, That amounts provided in amended in item number 516 by striking SEC. l02. DEFINITIONS. this Act for salaries and expenses for the De- ‘‘Dayton Wright Stop Plaza’’ and inserting In this title: partment of Transportation, the Department ‘‘Downtown Dayton Transit Enhancements’’. (1) COMMISSION.—The term ‘‘Commission’’ of the Treasury, the Department of Housing means the Federal Trade Commission. and Urban Development, the Judiciary, and SA 2121. Mr. SCHUMER (for himself (2) QUALIFYING NATURAL DISASTER DECLARA- the Executive Office of the President are re- TION.—The term ‘‘qualifying natural disaster and Mrs. CLINTON) submitted an duced by an aggregate of $17,000,000 on a pro amendment intended to be proposed by declaration’’ means— rata basis.’’. (A) a natural disaster declared by the Sec- him to the bill H.R. 3058, making ap- retary under section 321(a) of the Consoli- SA 2125. Mr. SCHUMER submitted an propriations for the Departments of dated Farm and Rural Development Act (7 Transportation, Treasury, and Housing amendment intended to be proposed by U.S.C. 1961(a)); or him to the bill H.R. 3058, making ap- and Urban Development, the Judiciary, (B) a major disaster or emergency des- District of Columbia, and independent ignated by the President under the Robert T. propriations for the Departments of agencies for the fiscal year ending Sep- Stafford Disaster Relief and Emergency As- Transportation, Treasury, and Housing tember 30, 2006, and for other purposes; sistance Act (42 U.S.C. 5121 et seq.). and Urban Development, the Judiciary, which was ordered to lie on the table; SEC. l03. RESTRICTION ON PRICE GOUGING. District of Columbia, and independent as follows: (a) RESTRICTIONS.—It shall be unlawful in agencies for the fiscal year ending Sep- the United States during the period of a tember 30, 2006, and for other purposes; On page 348, between lines 5 and 6, insert qualifying natural disaster declaration in which was ordered to lie on the table; the following: the United States to increase the price of as follows: SEC. 321. OPERATING FUND PROGRAM FINAL any oil or gas product more than 15 percent RULE. above the price of that product immediately On page 220, line 26, strike ‘‘$60,000,000’’ and (a) IN GENERAL.—Notwithstanding any prior to the declaration unless the increase all that follows through the period on page other provision of law, or of the Operating in the amount charged is attributable to ad- 221, line 2, and insert the following: Fund program final rule published by the De- ditional costs incurred by the seller or na- ‘‘$170,000,000, to be derived from the Airport partment of Housing and Urban Development tional or international market trends. and Airway Trust Fund, to remain available on September 19, 2005, 79 Fed. Reg. 54984, the (b) ENFORCEMENT.— until expended: Provided, That not to exceed 5 year schedule set out in the table appear- (1) ENFORCEMENT POWERS.— $17,000,000 for fiscal year 2006 shall be used ing in §990.230(e) of the final rule shall com- (A) IN GENERAL.—The Commission shall en- for adjustments to account for significantly mence 1 year from the Secretary’s publica- force this section as part of its duties under increased costs as provided for in section tion of guidance in a Federal Register notice the Federal Trade Commission Act (15 U.S.C. 41737(e)(1) of title 49, United States Code.’’. defining specifically the manner in which 41 et seq.). Mr. SCHUMER submitted an public housing authorities shall comply with (B) REPORTING OF VIOLATIONS.—For pur- SA 2126. the provisions of §990.275 (Project-Based poses of the enforcement of this section, the amendment intended to be proposed by Management) and §990.280 (Project-Based Ac- Commission shall establish procedures to him to the bill H.R. 3058, making ap- counting and Budgeting). permit the reporting of violations of this sec- propriations for the Departments of (b) COMPLIANCE.—Each public housing au- tion to the Commission, including appro- Transportation, Treasury, and Housing thority shall be deemed in compliance with priate links on the Internet website of the and Urban Development, the Judiciary, Subpart H of the final rule described in sub- Commission and the use of a toll-free tele- District of Columbia, and independent section (a), pending completion of the Sec- phone number for such purposes. agencies for the fiscal year ending Sep- retary’s review of the asset management (2) PENALTY.— tember 30, 2006, and for other purposes; demonstration submitted by the housing au- (A) CRIMINAL PENALTY.—A violation of this thority based on the guidance issued by the section shall be deemed a felony and a per- which was ordered to lie on the table; Secretary or the review conducted by the son, upon conviction of a violation of this as follows: Secretary’s independent assessor. section, shall be punished by fine not exceed- On page 226, line 17, strike ‘‘$3,390,000,000’’ ing $10,000,000 if a corporation, or, if any and insert ‘‘$3,468,904,000’’. SA 2122. Mr. SCHUMER submitted an other person, $350,000, or by imprisonment On page 227, line 3, strike ‘‘$71,096,000’’ and amendment intended to be proposed by not exceeding 3 years, or both. insert ‘‘$150,000,000’’.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11591 SA 2127. Mr. FRIST (for himself, Mrs. him to the bill H.R. 3058, making ap- (5) An analysis published in 2005 by tax law DOLE, Ms. STABENOW, and Mrs. CLIN- propriations for the Departments of Professors Joseph Dodge and Jay Soled esti- TON) submitted an amendment in- Transportation, Treasury, and Housing mated that the loss of Federal income tax tended to be proposed by him to the and Urban Development, the Judiciary, revenue associated with the under reporting of capital gains is $250,000,000,000 over the bill H.R. 3058, making appropriations District of Columbia, and independent coming decade. for the Departments of Transportation, agencies for the fiscal year ending Sep- (6) Non-compliance places an unfair burden Treasury, and Housing and Urban De- tember 30, 2006, and for other purposes; on all taxpayers. velopment, the Judiciary, District of which was ordered to lie on the table; (7) Prior to launching the National Re- Columbia, and independent agencies as follows: search Program, the Internal Revenue Serv- for the fiscal year ending September 30, On page 436, between lines 10 and 11, insert ice did not have in place an automated sys- 2006, and for other purposes; which was the following: tem to verify and audit capital gains infor- ordered to lie on the table; as follows: SEC. 844. EMINENT DOMAIN. mation reported on Schedule D of Federal in- None of the funds made available in this come tax returns, and now only examines On page 310 line 11, strike the word ‘‘and’’ Act may be used by any state, county, mu- Schedule D information when it is part of a after the word ‘‘LISC’’ and insert ‘‘,’’ and on nicipality, city, town or other political sub- larger tax audit. page 310 on line 12 after the words ‘‘Enter- division that engages or participates in the (8) The reliance on random audits has cre- prise Foundation’’ insert ‘‘, and the Habitat taking of private property by eminent do- ated an impression in the investment com- for Humanity’’; and on page 319 line 17 after main without the consent of the owner and munity that enforcement of capital gains is the word ‘‘Foundation’’ insert the following conveys or leases such property to another limited or, worse, non-existent, and has also ‘‘Habitat for Humanity,’’. private person or entity for commercial, fi- created an environment of inaccuracy and nancial or retail enterprise, or to increase non-compliance with respect to Schedule D. SA 2128. Mr. FRIST (for himself, Mrs. tax revenue, tax base, employment, or gen- (9) Internal Revenue Service efforts to re- DOLE, Ms. STABENOW, and Mrs. CLIN- eral economic health, unless the taking in- duce the tax gap focus on increasing field ex- TON) submitted an amendment in- volves (a) conveying private property for the aminations and audits, particularly of high- tended to be proposed by him to the occupation and enjoyment of the land by the income taxpayers. bill H.R. 3058, making appropriations general public, or by public agencies, such as (10) One of the key components of National for the Departments of Transportation, for a roadway, waterway, airport, school, Research Program was the introduction, on Treasury, and Housing and Urban De- hospital, military base, prison, public park, a pilot basis, of a ‘‘smart’’ process to assist with the determination of the correct cost velopment, the Judiciary, District of or a government building; or (b) conveying private property to an entity, such as a state basis of capital gains and losses reported on Columbia, and independent agencies or federally regulated public utility or com- Schedule D. for the fiscal year ending September 30, mon carrier, for the creation or functioning (b) It is the sense of the Senate that the In- 2006, and for other purposes; which was of public service infrastructure, such as for ternal Revenue Service should utilize proc- ordered to lie on the table; as follows: public utilities, waste treatment facilities, esses and technological tools that assist with the independent verification of taxpayer On page 310 line 11, strike the word ‘‘and’’ railroads, or transportation of natural gas, data, including the cost basis information of after the word ‘‘LISC’’ and insert ‘‘,’’ and on crude oil or refined petroleum products; or capital gains and losses reported on Schedule page 310 on line 12 after the words ‘‘Enter- (c) condemning property that constitutes a D, that will comply with all of the applicable prise Foundation’’ insert ‘‘, and the Habitat severe threat to public health and safety, rules and methods of the Internal Revenue for Humanity’’. such as structures that are beyond repair or otherwise unfit for human habitation or use; Code of 1986 to ensure that all taxpayers pay or (d) leasing property to a private person or their fair share of Federal income tax and to SA 2129. Mr. WARNER submitted an decrease the shortfall in tax revenues to the entity that occupies an incidental part of amendment intended to be proposed by benefit of all taxpayers. him to the bill H.R. 3058, making ap- public property or a public facility, such as propriations for the Departments of a retail establishment on the ground floor of SA 2133. Mr. DORGAN (for himself, a public building; or (e) acquiring abandoned Mr. CRAIG, Mr. ENZI, and Mr. BAUCUS) Transportation, Treasury, and Housing property. and Urban Development, the Judiciary, proposed an amendment to the bill District of Columbia, and independent SA 2132. Mr. REID submitted an H.R. 3058, making appropriations for agencies for the fiscal year ending Sep- amendment intended to be proposed by the Departments of Transportation, tember 30, 2006, and for other purposes; him to the bill H.R. 3058, making ap- Treasury, and Housing and Urban De- which was ordered to lie on the table; propriations for the Departments of velopment, the Judiciary, District of as follows: Transportation, Treasury, and Housing Columbia, and independent agencies On page 276, after line 24, add the fol- and Urban Development, the Judiciary, for the fiscal year ending September 30, lowing: District of Columbia, and independent 2006, and for other purposes; as follows: SEC. ll. The item numbered 1832 in the agencies for the fiscal year ending Sep- At the appropriate place in the bill, insert table contained in section 1702 of the Safe, tember 30, 2006, and for other purposes; the following: Accountable, Flexible, Efficient Transpor- SEC. ll. (a) None of the funds made avail- which was ordered to lie on the table; able in this Act may be used to administer or tation Equity Act: A Legacy for Users (Pub- as follows: lic Law 109–59; 119 Stat. 1144) is amended by enforce part 515 of title 31, Code of Federal inserting ‘‘, in fiscal year 2006’’ after ‘‘Vir- On page 290, between lines 14 and 15, insert Regulations (the Cuban Assets Control Regu- ginia’’. the following: lations) with respect to any travel or travel- SEC. 209A.(a) The Senate makes the fol- related transaction. SA 2130. Mr. WARNER submitted an lowing findings: (b) The limitation established in sub- (1) For a voluntary, self-reporting tax sys- amendment intended to be proposed by section (a) shall not apply to— tem to work, taxpayers must believe that all (1) the administration of general or spe- him to the bill H.R. 3058, making ap- taxpayers pay their fair share of taxes. cific licenses for travel or travel-related propriations for the Departments of (2) Many States base State income tax li- transactions; Transportation, Treasury, and Housing ability on amounts reported with respect to (2) section 515.204, 515.206, 515.332, 515.536, and Urban Development, the Judiciary, Federal income taxes, with the result that 515.544, 515.547, 515.560(c)(3), 515.569, 515.571, or District of Columbia, and independent amounts not collected with respect to Fed- 515.803 of such part 515; or agencies for the fiscal year ending Sep- eral income taxes are also not collected with (3) transactions in relation to any business tember 30, 2006, and for other purposes; respect to State income taxes at a time when travel covered by section 515.560(g) of such many States are hard-pressed to meet their part 515. which was ordered to lie on the table; many financial demands. as follows: (3) A study conducted by the National Re- SA 2134. Mr. GRASSLEY submitted On page 276, after line 24, add the fol- search Program of the Internal Revenue an amendment intended to be proposed lowing: Service determined that taxpayer non-com- by him to the bill H.R. 3058, making ap- SEC. ll. The item numbered 2551 in the pliance costs the Federal Government over propriations for the Departments of table contained in section 1702 of the Safe, $300,000,000,000 each year in uncollected Transportation, Treasury, and Housing Accountable, Flexible, Efficient Transpor- taxes. and Urban Development, the Judiciary, tation Equity Act: A Legacy for Users (Pub- (4) The National Research Program study lic Law 109–59; 119 Stat. 1144) is amended by estimates that the tax shortfall attributable District of Columbia, and independent inserting ‘‘in fiscal year 2006’’ after ‘‘2007’’. to individual income taxes is as high as agencies for the fiscal year ending Sep- $100,000,000,000 with respect to business in- tember 30, 2006, and for other purposes; SA 2131. Mr. CORNYN submitted an come and more than $50,000,000,000 with re- which was ordered to lie on the table; amendment intended to be proposed by spect to non-business income. as follows:

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11592 CONGRESSIONAL RECORD — SENATE October 19, 2005 On page 356, between lines 4 and 5, insert (3) proposed legislation to provide such au- District of Columbia, and independent the following: thority. agencies for the fiscal year ending Sep- SEC. 408.(a) The division of the court shall tember 30, 2006, and for other purposes; release to the Congress and to the public not Mr. COBURN submitted an SA 2136. which was ordered to lie on the table; later than 60 days after the date of enact- amendment intended to be proposed by as follows: ment of this Act all portions of the final re- him to the bill H.R. 3058, making ap- On page 311, line 15, strike ‘‘in accordance’’ port of the independent counsel of the inves- propriations for the Departments of tigation of Henry Cisneros made under sec- and all that follows through ‘‘Act’’ on line tion 594(h) of title 28, United States Code, ex- Transportation, Treasury, and Housing 17. cept for any such portions that contain in- and Urban Development, the Judiciary, formation of a personal nature that the divi- District of Columbia, and independent SA 2139. Mr. BOND (for Mrs. BOXER) sion of the court determines the disclosure of agencies for the fiscal year ending Sep- proposed an amendment to the bill which would cause a clearly unwarranted in- tember 30, 2006, and for other purposes; H.R. 3058, making appropriations for vasion of privacy that outweighs the public which was ordered to lie on the table; the Departments of Transportation, interest in a full accounting of this inves- as follows: Treasury, and Housing and Urban De- tigation. Upon the release of the final report, On page 436, between lines 10 and 11, insert velopment, the Judiciary, District of the final report shall be published pursuant Columbia, and independent agencies to section 594(h)(3) of title 28, United States the following: Code. SEC. ll. None of the funds made available for the fiscal year ending September 30, (b)(1) After the release and publication of by this Act shall be used to enter into any 2006, and for other purposes; as follows: the final report referred to in subsection (a), lease for a facility under the jurisdiction of On page 219, line 5, strike the period and the independent counsel shall continue his the General Services Administration unless insert the following: ‘‘: Provided further, That office only to the extent necessary and ap- the Administrator of General Services first the Secretary of Transportation, in consulta- propriate to perform the noninvestigative submits to Congress a report demonstrating tion with the Secretary of Health and and nonprosecutorial tasks remaining of his that the life of the lease would cost less than Human Services and the Administrator of statutory duties as required to conclude the the full and total costs of each considered the Federal Aviation Administration, not functions of his office. option. later than 60 days after the date of enact- (2) The duties referred to in paragraph (1) ment of this Act, shall establish procedures shall specifically include— SA 2137. Mr. COLEMAN (for himself, with airport directors located at United (A) the evaluation of claims for attorney Mr. LEVIN, and Mr. AKAKA) submitted States airports that have incoming flights fees, pursuant to section 593(l) of title 28, an amendment intended to be proposed from any country that has had cases of avian United States Code; by him to the bill H.R. 3058, making ap- flu and with air carriers that provide such (B) the transfer of records to the Archivist propriations for the Departments of flights to deal with situations where a pas- of the United States pursuant to section Transportation, Treasury, and Housing senger on one of the flights has symptoms of 594(k) of title 28, United States Code; avian flu .’’. (C) compliance with oversight obligations and Urban Development, the Judiciary, pursuant to section 595(a) of title 28, United District of Columbia, and independent SA 2140. Mr. BOND (for Ms. STABE- States Code; and agencies for the fiscal year ending Sep- NOW) submitted an amendment in- (D) preparation of statements of expendi- tember 30, 2006, and for other purposes; tended to be proposed by Mr. BOND to tures pursuant to section 595(c) of title 28, which was ordered to lie on the table; the bill H.R. 3058, making appropria- United States Code. as follows: tions for the Departments of Transpor- (3) Upon completion of his remaining stat- On page 406, between lines 7 and 8, insert utory duties, the independent counsel shall tation, Treasury, and Housing and the following: move the division of the court to terminate Urban Development, the Judiciary, his office. SEC. 724. PAYMENTS TO FEDERAL CONTRACTORS District of Columbia, and independent WITH FEDERAL TAX DEBT. agencies for the fiscal year ending Sep- SA 2135. Mr. FEINGOLD submitted The General Services Administration, in tember 30, 2006, and for other purposes; conjunction with the Financial Management an amendment intended to be proposed as follows: by him to the bill H.R. 3058, making ap- Service, shall develop procedures to subject purchase card payments to Federal contrac- On page 316, line 26, after ‘‘Provided,’’ in- propriations for the Departments of tors to the Federal Payment Levy Program. sert ‘‘That of the amount made available Transportation, Treasury, and Housing SEC. 520. REPORTING OF AIR TRAVEL BY FED- under this heading, $10,000,000 shall be made and Urban Development, the Judiciary, ERAL GOVERNMENT EMPLOYEES. available to carry out section 203 of Public District of Columbia, and independent (a) ANNUAL REPORTS REQUIRED.—The Ad- Law 108–186,’’. ministrator of General Services shall submit agencies for the fiscal year ending Sep- SA 2141. Mrs. MURRAY submitted an tember 30, 2006, and for other purposes; annually to the Committee on Homeland Se- curity and Governmental Affairs of the Sen- amendment intended to be proposed by which was ordered to lie on the table; her to the bill H.R. 3058, making appro- as follows: ate and the Committee on Government Re- form of the House of Representatives a re- priations for the Departments of On page 244, between lines 8 and 9, insert port on all first class and business class trav- Transportation, Treasury, and Housing the following: el by employees of each agency undertaken and Urban Development, the Judiciary, SEC. 122.(a) The Secretary of Transpor- at the expense of the Federal Government. tation shall conduct a study regarding— District of Columbia, and independent (b) CONTENT.—The reports submitted pur- (1) Federal and State efforts to waive or agencies for the fiscal year ending Sep- suant to subsection (a) shall include, at a tember 30, 2006, and for other purposes; relax truck weight and length requirements minimum, with respect to each travel by on highways within the Eisenhower Inter- first class or business class— as follows: state System, including the timing of such (1) the names of each traveler; At the appropriate place, insert the fol- waivers, during the response to Hurricane (2) the date of travel; lowing: Page 406, line 8 insert a new para- Katrina and other emergencies; (3) the points of origination and destina- graph. (2) the extent to which differing regulatory tion; Sec. 724. The United States Interagency responses by States confused first responders (4) the cost of the first class or business Council on Homelessness shall conduct an and other aid providers during the response class travel; and assessment of the guidance disseminated by to Hurricane Katrina and other emergencies; (5) the cost difference between such travel the Department of Education, the Depart- (3) the extent of the Secretary of Transpor- and travel by coach class fare available ment of Housing and Urban Development, tation’s authority to waive or relax truck under contract with the General Services and other related federal agencies for grant- weight and length requirements on highways Administration or, if no contract is avail- ees of homeless assistance programs on in the Eisenhower Interstate System; and able, the lowest coach class fare available. whether such guidance is consistent with and does not restrict the exercise of edu- (4) the need for the authority described in (c) AGENCY DEFINED.—In this section, the paragraph (3) in the event of an emergency. term ‘‘agency’’ has the meaning given such cation rights provided to parents, youth, and (b) Not later than 90 days after the date of term in section 5701(1) of title 5, United children under subtitle B of title VII of the enactment of this Act, the Secretary of States Code. McKinney-Vento Act: Provided, That such as- Transportation shall submit a report to Con- sessment shall address whether the prac- gress that contains— SA 2138. Mr. MCCAIN submitted an tices, outreach, and training efforts of said (1) the results of the study conducted amendment intended to be proposed by agencies serve to protect and advance such under subsection (a); rights: Provided further, That the Council (2) recommendations regarding the appro- him to the bill H.R. 3058, making ap- shall submit to the House and Senate Com- priate extent and form of the waiver author- propriations for the Departments of mittees on Appropriations an interim report ity described in subsection (a)(3) in the event Transportation, Treasury, and Housing by May 1, 2006, and a final report by Sep- of an emergency; and and Urban Development, the Judiciary, tember 1, 2006.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11593 SA 2142. Mr. MCCONNELL (for Mr. high risk pool of a State which charges pre- ‘‘(B) one-third of the amount appropriated ENZI) proposed an amendment to the miums that exceed 150 percent of the pre- for a fiscal year shall be made available for bill H.R. 3204, to amend title XXVII of mium for applicable standard risks, the allotments under subsection (c)(3). the Public Health Service Act to ex- State shall use at least 50 percent of the ‘‘(3) AVAILABILITY.—Funds appropriated for tend Federal funding for the establish- amount of the grant provided to the State to purposes of carrying out this section for a carry out this subsection to reduce pre- fiscal year shall remain available for obliga- ment and operation of State high risk miums for enrollees. tion through the end of the following fiscal health insurance pools; as follows: ‘‘(4) LIMITATION FOR TERRITORIES.—In no year. Strike all after the enacting clause and in- case shall the aggregate amount allotted and ‘‘(4) REALLOTMENT.—If, on June 30 of each sert the following: made available under paragraph (2) for a fis- fiscal year for which funds are appropriated SECTION 1. SHORT TITLE. cal year to States that are not the 50 States under paragraph (1)(B) or (2), the Secretary This Act may be cited as the ‘‘State High or the District of Columbia exceed $1,000,000. determines that all the amounts so appro- Risk Pool Funding Extension Act of 2005’’. priated are not allotted or otherwise made ‘‘(c) BONUS GRANTS FOR SUPPLEMENTAL SEC. 2. EXTENSION OF FUNDING FOR OPERATION available to States, such remaining amounts OF STATE HIGH RISK HEALTH IN- CONSUMER BENEFITS.— shall be allotted and made available under SURANCE POOLS. ‘‘(1) IN GENERAL.—In the case of a State subsection (b) among States receiving grants Section 2745 of the Public Health Service that is one of the 50 States or the District of under subsection (b) for the fiscal year based Act (42 U.S.C. 300gg–45) is amended to read as Columbia, that has established a qualified upon the allotment formula specified in such follows: high risk pool, and that is receiving a grant subsection. ‘‘SEC. 2745. RELIEF FOR HIGH RISK POOLS. under subsection (b)(1), the Secretary shall ‘‘(5) NO ENTITLEMENT.—Nothing in this sec- ‘‘(a) SEED GRANTS TO STATES.—The Sec- provide, from the funds appropriated under tion shall be construed as providing a State retary shall provide from the funds appro- paragraphs (1)(B)(ii) and (2)(B) of subsection with an entitlement to a grant under this priated under subsection (d)(1)(A) a grant of (d) and allotted to the State under paragraph section. up to $1,000,000 to each State that has not (3), a grant to be used to provide supple- ‘‘(e) APPLICATIONS.—To be eligible for a created a qualified high risk pool as of the mental consumer benefits to enrollees or po- grant under this section, a State shall sub- date of enactment of the State High Risk tential enrollees (or defined subsets of such mit to the Secretary an application at such Pool Funding Extension Act of 2005 for the enrollees or potential enrollees) in qualified time, in such manner, and containing such State’s costs of creation and initial oper- high risk pools. information as the Secretary may require. ation of such a pool. ‘‘(2) BENEFITS.—A State shall use amounts ‘‘(f) ANNUAL REPORT.—The Secretary shall ‘‘(b) GRANTS FOR OPERATIONAL LOSSES.— received under a grant under this subsection submit to Congress an annual report on ‘‘(1) IN GENERAL.—In the case of a State to provide one or more of the following bene- grants provided under this section. Each that has established a qualified high risk fits: such report shall include information on the pool that— ‘‘(A) Low-income premium subsidies. distribution of such grants among States and ‘‘(A) restricts premiums charged under the ‘‘(B) A reduction in premium trends, actual the use of grant funds by States. pool to no more than 200 percent of the pre- ‘‘(g) DEFINITIONS.—In this section: mium for applicable standard risk rates; premiums, or other cost-sharing require- ments. ‘‘(1) QUALIFIED HIGH RISK POOL.— ‘‘(B) offers a choice of two or more cov- ‘‘(A) IN GENERAL.—The term ‘qualified high erage options through the pool; and ‘‘(C) An expansion or broadening of the pool of individuals eligible for coverage, such risk pool’ has the meaning given such term ‘‘(C) has in effect a mechanism reasonably in section 2744(c)(2), except that a State may designed to ensure continued funding of as through eliminating waiting lists, in- creasing enrollment caps, or providing flexi- elect to meet the requirement of subpara- losses incurred by the State in connection graph (A) of such section (insofar as it re- with operation of the pool after the end of bility in enrollment rules. ‘‘(D) Less stringent rules, or additional quires the provision of coverage to all eligi- the last fiscal year for which a grant is pro- ble individuals) through providing for the en- vided under this paragraph; waiver authority, with respect to coverage of pre-existing conditions. rollment of eligible individuals through an the Secretary shall provide, from the funds ‘‘(E) Increased benefits. acceptable alternative mechanism (as de- appropriated under paragraphs (1)(B)(i) and ‘‘(F) The establishment of disease manage- fined for purposes of section 2744) that in- (2)(A) of subsection (d) and allotted to the ment programs. cludes a high risk pool as a component. State under paragraph (2), a grant for the ‘‘(3) ALLOTMENT; LIMITATION.—The Sec- ‘‘(2) STANDARD RISK RATE.—The term losses incurred by the State in connection retary shall allot funds appropriated under ‘standard risk rate’ means a rate— with the operation of the pool. paragraphs (1)(B)(ii) and (2)(B) of subsection ‘‘(A) determined under the State high risk ‘‘(2) ALLOTMENT.—Subject to paragraph (4), (d) among States qualifying for a grant pool by considering the premium rates the amounts appropriated under paragraphs under paragraph (1) in a manner specified by charged by other health insurers offering (1)(B)(i) and (2)(A) of subsection (d) for a fis- the Secretary, but in no case shall the health insurance coverage to individuals in cal year shall be allotted and made available amount so allotted to a State for a fiscal the insurance market served; to the States (or the entities that operate ‘‘(B) that is established using reasonable the high risk pool under applicable State year exceed 10 percent of the funds so appro- priated for the fiscal year. actuarial techniques; and law) that qualify for a grant under paragraph ‘‘(C) that reflects anticipated claims expe- (1) as follows: ‘‘(4) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to prohibit rience and expenses for the coverage in- ‘‘(A) An amount equal to 40 percent of such volved. appropriated amount for the fiscal year shall a State that, on the date of the enactment of ‘‘(3) STATE.—The term ‘State’ means any of be allotted in equal amounts to each quali- the State High Risk Pool Funding Extension Act of 2005, is in the process of implementing the 50 States and the District of Columbia fying State that is one of the 50 States or the and includes Puerto Rico, the Virgin Islands, District of Columbia and that applies for a a program to provide benefits of the type de- scribed in paragraph (2), from being eligible Guam, American Samoa, and the Northern grant under this subsection. Mariana Islands.’’. ‘‘(B) An amount equal to 30 percent of such for a grant under this subsection. appropriated amount for the fiscal year shall ‘‘(d) FUNDING.— SA 2143. Mr. DAYTON submitted an be allotted among qualifying States that ‘‘(1) APPROPRIATION FOR FISCAL YEAR 2006.— amendment intended to be proposed by apply for such a grant so that the amount al- There are authorized to be appropriated and him to the bill H.R. 3058, making ap- lotted to such a State bears the same ratio there are appropriated for fiscal year 2006— to such appropriated amount as the number ‘‘(A) $15,000,000 to carry out subsection (a); propriations for the Departments of of uninsured individuals in the State bears and Transportation, Treasury, and Housing to the total number of uninsured individuals ‘‘(B) $75,000,000, of which, subject to para- and Urban Development, the Judiciary, (as determined by the Secretary) in all quali- graph (4)— District of Columbia, and independent fying States that so apply. ‘‘(i) two-thirds of the amount appropriated agencies for the fiscal year ending Sep- ‘‘(C) An amount equal to 30 percent of such shall be made available for allotments under tember 30, 2006, and for other purposes; appropriated amount for the fiscal year shall subsection (b)(2); and which was ordered to lie on the table; be allotted among qualifying States that ‘‘(ii) one-third of the amount appropriated as follows: apply for such a grant so that the amount al- shall be made available for allotments under lotted to a State bears the same ratio to subsection (c)(3). At the end of the bill, add the following: such appropriated amount as the number of ‘‘(2) AUTHORIZATION OF APPROPRIATIONS FOR TITLE XXll—NATURAL DISASTER OIL individuals enrolled in health care coverage FISCAL YEARS 2007 THROUGH 2010.—There are AND GAS PRICE GOUGING PREVENTION through the qualified high risk pool of the authorized to be appropriated $75,000,000 for ACT OF 2005 State bears to the total number of individ- each of fiscal years 2007 through 2010, of SEC. l01. SHORT TITLE. uals so enrolled through qualified high risk which, subject to paragraph (4)— This title may be cited as the ‘‘Natural pools (as determined by the Secretary) in all ‘‘(A) two-thirds of the amount appro- Disaster Oil and Gas Price Gouging Preven- qualifying States that so apply. priated for a fiscal year shall be made avail- tion Act of 2005’’. ‘‘(3) SPECIAL RULE FOR POOLS CHARGING able for allotments under subsection (b)(2); SEC. l02. DEFINITIONS. HIGHER PREMIUMS.—In the case of a qualified and In this title:

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11594 CONGRESSIONAL RECORD — SENATE October 19, 2005 (1) COMMISSION.—The term ‘‘Commission’’ Transportation, Treasury, and Housing NOTICES OF HEARINGS/MEETINGS means the Federal Trade Commission. and Urban Development, the Judiciary, COMMITTEE ON ENERGY AND NATURAL (2) QUALIFYING NATURAL DISASTER DECLARA- District of Columbia, and independent RESOURCES TION.—The term ‘‘qualifying natural disaster agencies for the fiscal year ending Sep- declaration’’ means— Mr. DOMENICI. Mr. President, I (A) a natural disaster declared by the Sec- tember 30, 2006, and for other purposes; would like to announce for the infor- retary under section 321(a) of the Consoli- which was ordered to lie on the table; mation of the Senate and the public dated Farm and Rural Development Act (7 as follows: that a hearing has been scheduled be- U.S.C. 1961(a)); or On page 250, line 9, beginning with ‘‘ex- fore the Committee on Energy and Nat- (B) a major disaster or emergency des- pended:’’ strike through line 17 on page 252 ural Resources. ignated by the President under the Robert T. and insert ‘‘expended.’’. The hearing will be held on Thurs- Stafford Disaster Relief and Emergency As- sistance Act (42 U.S.C. 5121 et seq.). day, October 27, 2005 at 10 a.m. in room SEC. l03. RESTRICTION ON PRICE GOUGING. SA 2146. Mr. ENSIGN (for himself, SD–366 of the Dirksen Senate Office (a) RESTRICTIONS.—It shall be unlawful in Mr. ALLEN, and Mr. DEMINT) submitted Building. the United States during the period of a an amendment intended to be proposed The purpose of this hearing is to re- qualifying natural disaster declaration in by him to the bill H.R. 3058, making ap- ceive testimony from the Administra- the United States to increase the price of propriations for the Departments of tion on hurricane recovery efforts re- any oil or gas product more than 15 percent Transportation, Treasury, and Housing lated to energy and to discuss energy above the price of that product immediately and Urban Development, the Judiciary, policy. prior to the declaration unless the increase Because of the limited time available in the amount charged is attributable to ad- District of Columbia, and independent ditional costs incurred by the seller or na- agencies for the fiscal year ending Sep- for the hearing, witnesses may testify tional or international market trends. tember 30, 2006, and for other purposes; by invitation only. However, those (b) ENFORCEMENT.— which was ordered to lie on the table; wishing to submit written testimony (1) ENFORCEMENT POWERS.— as follows: for the hearing record should send two (A) IN GENERAL.—The Commission shall en- copies of their testimony to the Com- force this section as part of its duties under On page 293, after line 25, add the fol- lowing: mittee on Energy and Natural Re- the Federal Trade Commission Act (15 U.S.C. sources, United States Senate, Wash- 41 et seq.). SEC. lllll. The Internal Revenue ington, DC 20510–6150. (B) REPORTING OF VIOLATIONS.—For pur- Service shall provide taxpayers with free in- poses of the enforcement of this section, the dividual tax electronic preparation and filing For further information, please con- Commission shall establish procedures to services only through the Free File program tact Lisa Epifani 202–224–5269 or Shan- permit the reporting of violations of this sec- and the Internal Revenue Service’s Taxpayer non Ewan at 202–224–7555. tion to the Commission, including appro- Assistance Centers and Volunteer Income COMMITTEE ON ENERGY AND NATURAL priate links on the Internet website of the Tax Assistance program. RESOURCES Commission and the use of a toll-free tele- Mr. DOMENICI. Mr. President, I phone number for such purposes. SA 2147. Mr. DEWINE submitted an would like to announce for the infor- (2) PENALTY.— amendment intended to be proposed by mation of the Senate and the public (A) CRIMINAL PENALTY.—A violation of this section shall be deemed a felony and a per- him to the bill H.R. 3058, making ap- that a hearing has been scheduled be- son, upon conviction of a violation of this propriations for the Departments of fore the Committee on Energy and Nat- section, shall be punished by fine not exceed- Transportation, Treasury, and Housing ural Resources. ing $10,000,000 if a corporation, or, if any and Urban Development, the Judiciary, The hearing will be held on Thurs- other person, $350,000, or by imprisonment District of Columbia, and independent day, November 3, 2005 at 10 a.m. in not exceeding 3 years, or both. agencies for the fiscal year ending Sep- Room SD–366 of the Dirksen Senate Of- (B) CIVIL PENALTY.—The Commission may tember 30, 2006, and for other purposes; fice Building. impose a civil penalty not to exceed $5,000 which was ordered to lie on the table; The purpose of the hearing is to for each violation of this section. For pur- poses of this subparagraph, each day of viola- as follows: evaluate and receive a status report on tion shall constitute a separate offense. Civil On page 244, line 17, insert ‘‘of which the Environmental Management Pro- penalties under this subparagraph shall not $13,679,000 shall be for the ‘New Car Assess- grams of the Department of Energy. exceed amounts provided in subparagraph ment Program’ (including $6,000,000, which Because of the limited time available (A). shall remain available until September 30, for the hearing, witnesses may testify (c) ACTION BY STATE ATTORNEY GENERAL.— 2007) and $1,000,000 shall be for the ‘Vehicle by invitation only. However, those The attorney general of a State may bring a Crash Causation Study’:’’ after ‘‘Highway wishing to submit written testimony civil action for a violation of this section Trust Fund’’. for the hearing record should send two pursuant to section 4C of the Clayton Act (15 U.S.C. 15c). copies of their testimony to the Com- (d) This section becomes effective 1 day SA 2148. Mr. PRYOR submitted an mittee on Energy and Natural Re- after enactment. amendment intended to be proposed by sources, United States Senate, Wash- him to the bill H.R. 3058, making ap- ington, DC 205l0–6150. SA 2144. Mr. CORZINE submitted an propriations for the Departments of For further information, please con- amendment intended to be proposed by Transportation, Treasury, and Housing tact Clint Williamson 202–224–7556 or him to the bill H.R. 3058, making ap- and Urban Development, the Judiciary, Steve Waskiewicz at 202–228–6195. propriations for the Departments of District of Columbia, and independent f Transportation, Treasury, and Housing agencies for the fiscal year ending Sep- and Urban Development, the Judiciary, tember 30, 2006, and for other purposes; AUTHORITY FOR COMMITTEES TO District of Columbia, and independent which was ordered to lie on the table; MEET agencies for the fiscal year ending Sep- as follows: COMMITTEE ON AGRICULTURE, NUTRITION, AND tember 30, 2006, and for other purposes; FORESTRY On page 276, after line 24, insert the fol- which was ordered to lie on the table; lowing: Mr. BOND. Mr. President, I ask unan- as follows: imous consent that the Committee on SEC. 1ll. Section 127(a) of title 23, On page 252, between lines 11 and 12, insert United States Code, is amended by adding at Agriculture, Nutrition and Forestry be the following: ‘‘Provided further, That the the end the following: authorized to conduct a business meet- Corporation shall not create a wholly owned ‘‘(13) ARKANSAS.—During the period be- ing during the session of the Senate on Northeast Corridor subsidiary or transfer the ginning on the date of enactment of this Wednesday, October 19, 2005 at 10 a.m. Northeast Corridor infrastructure into such paragraph and ending on September 30, 2009, in SR–328A, Russell Senate Office subsidiary unless such activities are specifi- the State of Arkansas may allow the oper- cally authorized by an Act of Congress:’’. Building. The purpose of this meeting ation of vehicles with a gross vehicle weight will be to consider an original bill to Mr. LAUTENBERG (for him- of up to 80,000 pounds for the hauling of cot- SA 2145. ton seed on Interstate Route 555 during the comply with the Committee’s rec- self and Mr. LOTT) submitted an months of August through December to cross onciliation instructions as contained in amendment intended to be proposed by the St. Francis Floodway from Marked Tree H. Con. Res. 95. him to the bill H.R. 3058, making ap- to Payneway, when that route is open to The PRESIDING OFFICER. Without propriations for the Departments of traffic.’’. objection, it is so ordered.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11595 COMMITTEE ON ENERGY AND NATURAL mittee on Intelligence be authorized to The PRESIDING OFFICER laid be- RESOURCES meet during the session of the Senate fore the Senate the following message Mr. BOND. Mr. President, I ask unan- on October 19, 2005, at 2:30 p.m. to hold from the House of Representatives: imous consent that the Committee on a closed briefing. H.R. 3971 Energy and Natural Resources be au- The PRESIDING OFFICER. Without Resolved, That the House agree to the thorized to meet during the session of objection, it is so ordered. amendment of the Senate to the bill (H.R. the Senate on Wednesday, October 19 SUBCOMMITTEE ON ANTITRUST, COMPETITION 3971) entitled ‘‘An Act to provide assistance at 10 a.m. POLICY AND CONSUMER RIGHTS to individuals and States affected by Hurri- The purpose of this meeting is to Mr. BOND. Mr. President, I ask unan- cane Katrina’’, with House amendments to consider reconciliation legislation and imous consent that the Subcommittee Senate amendments. any other pending calendar business on Antitrust, Competition Policy and Mr. MCCONNELL. I ask unanimous which may be ready for consideration. The PRESIDING OFFICER. Without Consumer Rights be authorized to meet consent that the Senate concur in the objection, it is so ordered. on Wednesday, October 19, 2005, to con- House amendments, the motion to re- COMMITTEE ON FOREIGN RELATIONS duct a hearing on ‘‘Video Competition consider be laid upon the table, and Mr. BOND. Mr. President, I ask unan- in 2005—More Consolidation, or New any statements relating to the bill be imous consent that the Committee on Choices for Consumers?’’ at 2 p.m. in printed in the RECORD. Foreign Relations be authorized to Room 226 of the Dirksen Senate Office The PRESIDING OFFICER. Without meet during the session of the Senate Building. objection, it is so ordered. on Wednesday, October 19, 2005, at 10 Witness List a.m. to hold a hearing on Iraq in U.S. f Foreign Policy. Mr. Glenn Britt, Chairman and CEO, The PRESIDING OFFICER. Without Time Warner Cable, Stamford; CT; Mr. APPOINTMENT Kyle McSlarrow, President and CEO, objection, it is so ordered. The PRESIDING OFFICER. The NCTA, Washington, DC; Mr. Walter COMMITTEE ON FOREIGN RELATIONS Chair, on behalf of the Democratic McCormick, Jr., President and CEO, Mr. BOND. Mr. President, I ask unan- Leader, pursuant to Public Law 109–59, imous consent that the Committee on United States Telecom Association, Sec. 1909(b)(2)(A)(vi), appoints the fol- Foreign Relations be authorized to Washington, DC; Mr. Doron Gorshein, lowing individuals to serve as members meet during the session of the Senate President and CEO, The America Chan- of the National Surface Transportation on Wednesday, October 19, 2005, at 2:30 nel, LLC, Heathrow, FL; Mr. Peter Policy and Revenue Study Commis- p.m. to hold a hearing on Nominations. Aquino, President and CEO, RCN Cor- sion: Francis McArdle of New York and The PRESIDING OFFICER. Without poration, Herndon, VA; Mr. Scott Tom R. Shancke of Nevada. objection, it is so ordered. Cleland, Chief Executive Officer, Pre- COMMITTEE ON HEALTH, EDUCATION, LABOR, cursor, Washington, DC; and Dr. Mark f AND PENSIONS Cooper, Director of Research, Con- Mr. BOND. Mr. President, I ask unan- sumer Federation of America, Wash- imous consent that the Committee on PARTICIPATION OF JUDICIAL ington, DC. Health, Education, Labor, and Pen- The PRESIDING OFFICER. Without BRANCH EMPLOYEES IN FED- sions, Subcommittee on Employment objection, it is so ordered. ERAL LEAVE TRANSFER PRO- and Workplace Safety, be authorized to f GRAM hold a hearing during the session of the PRIVILEGE OF THE FLOOR Mr. MCCONNELL. Mr. President, I Senate on Wednesday, October 19th, at ask unanimous consent that the Sen- 2 p.m. in SD–430. Mr. ALLARD. Mr. President, I ask ate proceed to the immediate consider- The PRESIDING OFFICER. Without unanimous consent that Sam objection, it is so ordered. ation of Calendar No. 227, S. 1736. Tatevosyan of my staff be given floor The PRESIDING OFFICER. The COMMITTEE ON THE JUDICIARY privileges for the duration of morning Mr. BOND. Mr. President, I ask unan- clerk will report the bill by title. business today. The legislative clerk read as follows: imous consent that the Committee on The PRESIDING OFFICER. Without the Judiciary be authorized to meet to A bill (S. 1736) to provide for the participa- objection, it is so ordered. tion of employees in the judicial branch in conduct a hearing on ‘‘Reporters’ Mr. HARKIN. I ask unanimous con- Privilege Legislation: An Additional the Federal leave transfer program for disas- sent that Cathy Poon of my staff be ters and emergencies. Investigation of Issues and Implica- granted the privilege of the floor for tions’’ on Wednesday, October 19, 2005 There being no objection, the Senate the duration of this debate. proceeded to consider the bill. at 10:30 a.m. in the Dirksen Senate Of- The PRESIDING OFFICER. Without Mr. MCCONNELL. Mr. President, I fice Building Room 226. objection, it is so ordered. ask unanimous consent that the bill be Witness List Mrs. CLINTON. Mr. President, I ask unanimous consent for floor privileges read a third time and passed, the mo- Panel I: Chuck Rosenberg, United for a fellow in my office, Chelsea tion to reconsider be laid upon the States Attorney for the Southern Dis- Maughan. table, and any statements relating to trict of Texas, on behalf of the United The PRESIDING OFFICER. Without the bill be printed in the RECORD. States Department of Justice Houston, objection, it is so ordered. The PRESIDING OFFICER. Without TX. objection, it is so ordered. f Panel II: Judith Miller, Investigative The bill (S. 1736) was read the third Reporter and Senior Writer, The New AUTHORITY TO SIGN ENROLLED time and passed, as follows: York Times, New York, NY; David BILLS S. 1736 Westin, President, ABC News, New Mr. MCCONNELL. Mr. President, I Be it enacted by the Senate and House of Rep- York, NY; Joseph E. diGenova, Found- ask unanimous consent that during the resentatives of the United States of America in ing Partner, diGenova & Toensing adjournment of the Senate, the major- Congress assembled, LLP, Washington, DC; Anne Gordon, ity leader and the junior Senator from SECTION 1. LEAVE TRANSFER PROGRAM IN DIS- Managing Editor, Philadelphia In- Oklahoma be authorized to sign duly ASTERS AND EMERGENCIES. quirer, Philadelphia, PA; Dale Dav- enrolled bills. Section 6391 of title 5, United States Code, enport, Editorial Page Editor, The Pa- The PRESIDING OFFICER. Without is amended— triot-News, Harrisburg, PA; and Steven objection, it is so ordered. (1) by redesignating subsection (f) as sub- section (g); and D. Clymer, Professor of Law, Cornell f Law School Myron Taylor Hall, Ithaca, (2) by inserting after subsection (e) the fol- MEDICARE COST SHARING AND lowing: NY. WELFARE EXTENSION ACT OF 2005 ‘‘(f) After consultation with the Adminis- The PRESIDING OFFICER. Without trative Office of the United States Courts, objection, it is so ordered. Mr. MCCONNELL. Mr. President, I the Office of Personnel Management shall SELECT COMMITTEE ON INTELLIGENCE ask unanimous consent that the Chair provide for the participation of employees in Mr. BOND. Mr. President, I ask unan- now lay before the Senate the House the judicial branch in any emergency leave imous consent that the Select Com- message to accompany H.R. 3971. transfer program under this section.’’.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11596 CONGRESSIONAL RECORD — SENATE October 19, 2005 SUPPORTING THE GOALS AND The legislative clerk read as follows: of 2 hours every other week once a IDEALS OF LIGHTS ON AFTER- A resolution (S. Res. 281) honoring child has been placed. SCHOOL and thanking James Patrick Rohan. Generally therapeutic foster care There being no objection, the Senate children are not permitted to attend Mr. MCCONNELL. Mr. President, I daycare and require ‘‘line of sight’’ su- ask unanimous consent that the Sen- proceeded to consider the resolution. pervision. That is, therapeutic foster ate now proceed to the consideration of Mr. MCCONNELL. I ask unanimous care children must be in view of the S. Res. 280 which was submitted earlier consent that the resolution be agreed foster parents at all times, except when today. to, the preamble be agreed to, and the attending school and other approved The PRESIDING OFFICER. The motion to reconsider be laid upon the activities. clerk will report the resolution by table. The PRESIDING OFFICER. Without Recruiting parents to provide thera- title. objection, it is so ordered. peutic foster care is a never-ending job. The legislative clerk read as follows: The resolution (S. Res. 281) was There are always children waiting for a A resolution (S. Res. 280) supporting agreed to. match to be found. Therapeutic foster ‘‘Lights on Afterschool,’’ a national celebra- The preamble was agreed to. care children stay in crisis shelters for tion of after school programs. The resolution, with its preamble, the transition period, adding a great There being no objection, the Senate reads as follows: deal of stress to their lives. proceeded to consider the resolution. Whereas Assistant Chief of Police James Each State has a different standard Mr. MCCONNELL. I ask unanimous Patrick Rohan, a native of the State of for determining whether children need consent that the resolution be agreed Maryland, has served the United States Cap- therapeutic foster care. Once a child is to, the preamble be agreed to, and the itol Police for thirty (30) years with distinc- identified, most State governments motion to reconsider be laid upon the tion, having been appointed as a Private on contract with private agencies to place table. December 8, 1975; the child in a home. The PRESIDING OFFICER. Without Whereas Assistant Chief Rohan, having In my State of Oklahoma, fifteen objection, it is so ordered. risen through the ranks to his current posi- agencies contract with the State gov- tion over his longstanding career, has been ernment to provide therapeutic foster The resolution (S. Res. 280) was instrumental in a variety of initiatives de- agreed to. signed to enhance the security of the Con- care services. Of those 15 agencies, 5 The preamble was agreed to. gress; operate under a for-profit status, 10 op- The resolution, with its preamble, Whereas Assistant Chief Rohan, who holds erate under a nonprofit status. The reads as follows: a Master of Science Degree in Justice/Law bottom line is that 62 percent of thera- S. RES. 280 Enforcement from the American University peutic foster care children are man- and a Bachelor of Arts Degree in Law En- Whereas high quality after school pro- aged by for-profit agencies, and we forcement from the University of Maryland, must maintain the availability of care grams provide safe, challenging, engaging, as well as numerous specialized law enforce- and fun learning experiences to help children for these children. ment and security training accomplishments Therapeutic foster care agencies re- and youth develop their social, emotional, and honors: Now, therefore, be it physical, cultural, and academic skills; Resolved, That the Senate hereby honors ceive funding from Medicaid and Title Whereas high quality after school pro- and thanks James Patrick Rohan and his IV–E maintenance payments from the grams support working families by ensuring wife, Cecilia, and children, Ben, Natalie, Eric United States Department of Health that the children in such families are safe and David, and his entire family, for a life- and Human Service, HHS. The 1996 and productive after the regular school day long professional commitment of service to Welfare Reauthorization Act at- ends; the United States Capitol Police and the tempted to correct a discrepancy be- Whereas high quality after school pro- United States Congress. grams build stronger communities by involv- tween treatment of children managed ing the Nation’s students, parents, business f by for-profit agencies and by nonprofit leaders, and adult volunteers in the lives of FAIR ACCESS FOSTER CARE ACT agencies via removing the word ‘‘non- the Nation’s youth, thereby promoting posi- OF 2005 profit’’ from title 42 of the United tive relationships among children, youth, States Social Security Code. Unfortu- families, and adults; Mr. MCCONNELL. Mr. President, I nately, the deletion was only made in Whereas high quality after school pro- ask unanimous consent that the Sen- one of the three sections addressing grams engage families, schools, and diverse ate proceed to the immediate consider- this issue, thus causing therapeutic community partners in advancing the well- ation of S. 1894 introduced earlier being of the Nation’s children; foster care agencies to remain sub- today. jected to arbitrary regulation. Whereas ‘‘Lights On Afterschool!’’, a na- The PRESIDING OFFICER. The tional celebration of after school programs Only recently was it brought to the held on October 20, 2005, promotes the crit- clerk will report the bill by title. attention of Oklahoma’s Department of ical importance of high quality after school The legislative clerk read as follows: Human Services that additional legal programs in the lives of children, their fami- A bill (S. 1894) to amend part E of title IV changes were needed. Most State gov- lies, and their communities; of the Social Security Act to provide for the ernments face the same problem. Whereas more than 28,000,000 children in making of foster care maintenance payments My bill amends the United States the United States have parents who work to private for-profit agencies. Code to allow all therapeutic foster outside the home and 14,300,000 children in There being no objection, the Senate care agencies to receive maintenance the United States have no place to go after proceeded to consider the bill. payments from the United States De- school; and Mr. INHOFE. Mr. President, I rise Whereas many after school programs partment of Health and Human Serv- across the United States are struggling to today in support of the Fair Access ices. keep their doors open and their lights on: Foster Care Act of 2005. The Congressional Budget Office has Now, therefore, be it Therapeutic foster care is foster care indicated that any costs associated Resolved That the Senate supports the for children with special medical, psy- with this legislation would be insignifi- goals and ideals of ‘‘Lights On Afterschool!’’ chological, emotional, and social cant. a national celebration of after school pro- needs. These children need comprehen- There are over 500,000 children in fos- grams. sive support and attention, requiring a ter care today. A large number of these f great deal of commitment and sacrifice children require therapeutic care. The from foster care parents. business model of for-profit agencies HONORING AND THANKING JAMES Prior to the placement of a child, a should not prohibit Title IV–E mainte- PATRICK ROHAN potential therapeutic foster care par- nance cost reimbursement. Now is not Mr. MCCONNELL. Mr. President, I ent must complete a certification proc- the time to prevent highly qualified ask unanimous consent the Senate now ess that involves a background check, agencies from placing these children in proceed to the consideration of S. Res. a training program, and at least two safe homes. 281 which was submitted earlier today. home studies. I have long been dedicated to quality The PRESIDING OFFICER. The At Choices for Life Foster Care, Inc., care for my constituents in Oklahoma clerk will report the resolution by a for-profit provider in Oklahoma City, and across America. My bill to help al- title. counselors are in the home a minimum leviate the flu vaccine shortage, my

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11597 work to expand access to life-saving gram originally enacted in 2002 as part In addition to extending and increas- cardiac defibrillators, and my bill to of the Trade Adjustment Assistance ing authorization for Federal grant as- freeze the Federal medical assistance Reform Act, TAA. This grant program sistance, our legislation also makes a percentage for 10 years to ensure that provides critical assistance States both certain targeted improvements in how States continue to receive adequate for the start-up of new risk pools and the Federal risk pool grants operate. Federal funding highlight this commit- for the continued operation of existing For example, the bill would allow ment. ones. States a greater degree of flexibility in I thank Mr. ROCKEFELLER, Mr. CRAIG, State high risk pools are State-cre- how they apply Federal grant dollars and Ms. LANDRIEU for cosponsoring this ated nonprofit entities that provide ac- to their risk pool programs, and in the bill. cess to health insurance for persons requirements for qualifying for grants. Please join me in supporting this bill who are not covered under an employer In part, this greater flexibility is an ac- to assist on out States in the endeavor plan or a government program, and knowledgement that State programs to serve these five-hundred-thousand- whose medical profile makes it very do vary and that a number of States plus vulnerable children. difficult or impossible for them to find are experimenting with new and inno- Mr. MCCONNELL. I ask unanimous coverage in the individual insurance vative approaches in how they set up consent that the bill be read a third market. and administer their risk pool pro- time and passed, the motion to recon- These individuals are often the sick- grams—approaches that in some cases sider be laid upon the table, and that est and most vulnerable among us, and may not fit easily into the Federal any statements relating to the bill be who, without access to high risk pools grant parameters as they are currently printed in the RECORD. would otherwise fall through the drafted. The PRESIDING OFFICER. Without cracks and be forced to bankrupt them- The legislation also makes some ad- objection, it is so ordered. selves onto the Medicaid rolls. justments in the way grant funds are Nearly 200,000 people have purchased The bill (S. 1894) was read the third allocated, such that each State will health insurance policies through high time and passed, as follows: now receive a sufficient incentive to risk pools nationwide. In my home establish or improve its high risk pool. S. 1894 State of Wyoming more than 650 people At the same time, the revised alloca- Be it enacted by the Senate and House of Rep- have comprehensive health insurance tion system recognizes that some resentatives of the United States of America in thanks to the Wyoming Health Insur- states have greater numbers of unin- Congress assembled, ance Pool. SECTION 1. SHORT TITLE. This insurance covers doctor visits, sured than others, and provides extra This Act may be cited as the ‘‘Fair Access prescription drugs, home health visits, assistance to States that operate the Foster Care Act of 2005’’. rehabilitation services, mental health, largest risk pools. The bill also includes a new bonus SEC. 2. FOSTER CARE MAINTENANCE PAYMENTS physical therapy, and maternity care. TO PRIVATE FOR-PROFIT AGENCIES. pool that can be tapped by States to Section 472(b) of the Social Security Act It is meaningful insurance coverage for people who would otherwise be unin- offer lower premiums or improved ben- (42 U.S.C. 672(b)) is amended by striking efits in connection with their high-risk ‘‘nonprofit’’ each place it appears. surable. Under these programs, individuals pool, rather than requiring that all f pay capped premiums for their cov- funds go to help defray operational losses. Up to one third of State’s an- STATE HIGH RISK POOL FUNDING erage, but such premiums generally nual grant award could be used for this EXTENSION ACT OF 2005 cover only 50 to 60 percent of the total cost of their care. The rest of the ex- purpose. Mr. MCCONNELL. Mr. President, I pense must be made up by other reve- The legislation before us today is the ask unanimous consent that the Sen- nues, typically through an annual as- same as that which drew unanimous ate proceed to the immediate consider- sessment of insurance companies. and bipartisan support in our com- ation of Calendar No. 181, H. R. 3204. The current Federal Risk Pool Grant mittee, both in this Congress and the The PRESIDING OFFICER. The Program authorized up to $40 million last. It would extend and improve a clerk will report the bill by title. annually to help existing State high program that has helped thousands of The legislative clerk read as follows: risk pools ease the steep losses requir- medically vulnerable Americans main- A bill (H. R. 3204) to amend title XXVII of ing subsidies that they incur in these tain lifesaving health coverage and the Public Health Service Act to extend Fed- programs each year. Last year alone, avoid potentially devastating financial eral funding for the establishment and oper- total combined losses in State risk ruin. It is an important part of this ation of State high risk health insurance Congress’s comprehensive efforts to pools. pools was more than $539 billion, an in- crease of 12 percent over the previous make health care and health insurance There being no objection, the Senate year. more affordable and accessible for ev- proceeded to consider the bill. The legislation before us today would eryone. Mr. ENZI. Mr. President, I am increase authorization for grants to ex- I commend Senators GREGG and BAU- pleased today to bring to the floor an isting risk pool programs from $40 mil- CUS for their effective leadership on amendment to H.R. 3204, The State lion to $75 million per year through this important legislation, and to our High Risk Pool Funding Extension Act 2009. It would also extend through 2006 committee’s ranking member, Senator of 2005. The Senate companion, S. 288, authorization for $15 million annually KENNEDY, for his hard work and com- sponsored by Senators GREGG and BAU- for seed grants to States without risk mitment. I urge all of my colleagues to CUS, was approved unanimously in Feb- pools that wish to establish them. join me in giving this much needed leg- ruary by the Health, Education, Labor, Under this program, States would be islation our full support. and Pensions Committee. A similar bill eligible for grants of up to $1 million Finally, credit should go as well to a also unanimously passed the full Sen- for the creation and initial operation of number of current and past Senate ate in the last Congress. a risk pool. staff, some of whom have worked for The amendment to H. R. 3204 that I It is critical that Congress act swift- several years to bring this bill to fru- bring before us today reflects much ly on this important bill. Authoriza- ition. We greatly appreciate the work careful and bipartisan work, not only tion for the current grant program ex- of many, including David Bowen, David within the Senate, but with the House pired at the end of fiscal year 2004, and Fisher, Kim Monk, Stephen Northrup, as well. After we pass this amendment all remaining funds will be exhausted Andrew Patzman, Stacey Sachs, and send it to the House, I expect our upon the expiration of fiscal year 2005. Conwell Smith, and Vince Ventimiglia. colleagues in that Chamber will ap- Moreover, many State legislatures are I urge the Senate to give this much prove it quickly, thus paving the way assessing whether or not to move needed legislation the strong support it for a swift trip to the President’s desk ahead with risk pool programs. Passage deserves. and into law. of this legislation would send to the Mr. MCCONNELL. Mr. President, I This legislation extends and makes States a strong signal of continued and ask unanimous consent that the Enzi improvements in the Federal Health renewed Federal commitment to such amendment at the desk be agreed to, Insurance High Risk Pool Grant Pro- programs. the bill, as amended, be read a third

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11598 CONGRESSIONAL RECORD — SENATE October 19, 2005 time and passed, the motions to recon- ‘‘(3) SPECIAL RULE FOR POOLS CHARGING ‘‘(B) one-third of the amount appropriated sider be laid upon the table, and that HIGHER PREMIUMS.—In the case of a qualified for a fiscal year shall be made available for any statements relating to the bill be high risk pool of a State which charges pre- allotments under subsection (c)(3). miums that exceed 150 percent of the pre- ‘‘(3) AVAILABILITY.—Funds appropriated for printed in the RECORD. mium for applicable standard risks, the purposes of carrying out this section for a The PRESIDING OFFICER. Without State shall use at least 50 percent of the fiscal year shall remain available for obliga- objection, it is so ordered. amount of the grant provided to the State to tion through the end of the following fiscal The amendment (No. 2142) was agreed carry out this subsection to reduce pre- year. to, as follows: miums for enrollees. ‘‘(4) REALLOTMENT.—If, on June 30 of each Strike all after the enacting clause and in- ‘‘(4) LIMITATION FOR TERRITORIES.—In no fiscal year for which funds are appropriated sert the following: case shall the aggregate amount allotted and under paragraph (1)(B) or (2), the Secretary SECTION 1. SHORT TITLE. made available under paragraph (2) for a fis- determines that all the amounts so appro- This Act may be cited as the ‘‘State High cal year to States that are not the 50 States priated are not allotted or otherwise made Risk Pool Funding Extension Act of 2005’’. or the District of Columbia exceed $1,000,000. available to States, such remaining amounts ‘‘(c) BONUS GRANTS FOR SUPPLEMENTAL SEC. 2. EXTENSION OF FUNDING FOR OPERATION shall be allotted and made available under OF STATE HIGH RISK HEALTH IN- CONSUMER BENEFITS.— subsection (b) among States receiving grants SURANCE POOLS. ‘‘(1) IN GENERAL.—In the case of a State under subsection (b) for the fiscal year based Section 2745 of the Public Health Service that is one of the 50 States or the District of upon the allotment formula specified in such Act (42 U.S.C. 300gg–45) is amended to read as Columbia, that has established a qualified subsection. follows: high risk pool, and that is receiving a grant ‘‘(5) NO ENTITLEMENT.—Nothing in this sec- under subsection (b)(1), the Secretary shall ‘‘SEC. 2745. RELIEF FOR HIGH RISK POOLS. tion shall be construed as providing a State provide, from the funds appropriated under ‘‘(a) SEED GRANTS TO STATES.—The Sec- with an entitlement to a grant under this paragraphs (1)(B)(ii) and (2)(B) of subsection retary shall provide from the funds appro- section. (d) and allotted to the State under paragraph priated under subsection (d)(1)(A) a grant of ‘‘(e) APPLICATIONS.—To be eligible for a (3), a grant to be used to provide supple- up to $1,000,000 to each State that has not grant under this section, a State shall sub- mental consumer benefits to enrollees or po- created a qualified high risk pool as of the mit to the Secretary an application at such tential enrollees (or defined subsets of such date of enactment of the State High Risk time, in such manner, and containing such enrollees or potential enrollees) in qualified Pool Funding Extension Act of 2005 for the information as the Secretary may require. high risk pools. State’s costs of creation and initial oper- ‘‘(f) ANNUAL REPORT.—The Secretary shall ‘‘(2) BENEFITS.—A State shall use amounts ation of such a pool. submit to Congress an annual report on received under a grant under this subsection ‘‘(b) GRANTS FOR OPERATIONAL LOSSES.— grants provided under this section. Each to provide one or more of the following bene- ‘‘(1) IN GENERAL.—In the case of a State such report shall include information on the fits: that has established a qualified high risk distribution of such grants among States and ‘‘(A) Low-income premium subsidies. pool that— the use of grant funds by States. ‘‘(B) A reduction in premium trends, actual ‘‘(A) restricts premiums charged under the ‘‘(g) DEFINITIONS.—In this section: premiums, or other cost-sharing require- pool to no more than 200 percent of the pre- ‘‘(1) QUALIFIED HIGH RISK POOL.— ments. ‘‘(A) IN GENERAL.—The term ‘qualified high mium for applicable standard risk rates; ‘‘(C) An expansion or broadening of the ‘‘(B) offers a choice of two or more cov- pool of individuals eligible for coverage, such risk pool’ has the meaning given such term erage options through the pool; and as through eliminating waiting lists, in- in section 2744(c)(2), except that a State may ‘‘(C) has in effect a mechanism reasonably creasing enrollment caps, or providing flexi- elect to meet the requirement of subpara- designed to ensure continued funding of bility in enrollment rules. graph (A) of such section (insofar as it re- losses incurred by the State in connection ‘‘(D) Less stringent rules, or additional quires the provision of coverage to all eligi- with operation of the pool after the end of waiver authority, with respect to coverage of ble individuals) through providing for the en- the last fiscal year for which a grant is pro- pre-existing conditions. rollment of eligible individuals through an vided under this paragraph; ‘‘(E) Increased benefits. acceptable alternative mechanism (as de- the Secretary shall provide, from the funds ‘‘(F) The establishment of disease manage- fined for purposes of section 2744) that in- appropriated under paragraphs (1)(B)(i) and ment programs. cludes a high risk pool as a component. (2)(A) of subsection (d) and allotted to the ‘‘(3) ALLOTMENT; LIMITATION.—The Sec- ‘‘(2) STANDARD RISK RATE.—The term State under paragraph (2), a grant for the retary shall allot funds appropriated under ‘standard risk rate’ means a rate— losses incurred by the State in connection paragraphs (1)(B)(ii) and (2)(B) of subsection ‘‘(A) determined under the State high risk with the operation of the pool. (d) among States qualifying for a grant pool by considering the premium rates ‘‘(2) ALLOTMENT.—Subject to paragraph (4), under paragraph (1) in a manner specified by charged by other health insurers offering the amounts appropriated under paragraphs the Secretary, but in no case shall the health insurance coverage to individuals in (1)(B)(i) and (2)(A) of subsection (d) for a fis- amount so allotted to a State for a fiscal the insurance market served; cal year shall be allotted and made available year exceed 10 percent of the funds so appro- ‘‘(B) that is established using reasonable to the States (or the entities that operate priated for the fiscal year. actuarial techniques; and the high risk pool under applicable State ‘‘(4) RULE OF CONSTRUCTION.—Nothing in ‘‘(C) that reflects anticipated claims expe- law) that qualify for a grant under paragraph this subsection shall be construed to prohibit rience and expenses for the coverage in- (1) as follows: a State that, on the date of the enactment of volved. ‘‘(A) An amount equal to 40 percent of such the State High Risk Pool Funding Extension ‘‘(3) STATE.—The term ‘State’ means any of appropriated amount for the fiscal year shall Act of 2005, is in the process of implementing the 50 States and the District of Columbia be allotted in equal amounts to each quali- a program to provide benefits of the type de- and includes Puerto Rico, the Virgin Islands, fying State that is one of the 50 States or the scribed in paragraph (2), from being eligible Guam, American Samoa, and the Northern District of Columbia and that applies for a for a grant under this subsection. Mariana Islands.’’. grant under this subsection. ‘‘(d) FUNDING.— The bill (H. R. 3204), as amended, was ‘‘(B) An amount equal to 30 percent of such ‘‘(1) APPROPRIATION FOR FISCAL YEAR 2006.— read the third time and passed. appropriated amount for the fiscal year shall There are authorized to be appropriated and be allotted among qualifying States that there are appropriated for fiscal year 2006— f apply for such a grant so that the amount al- ‘‘(A) $15,000,000 to carry out subsection (a); lotted to such a State bears the same ratio and ORDERS FOR THURSDAY, OCTOBER to such appropriated amount as the number ‘‘(B) $75,000,000, of which, subject to para- 20, 2005 of uninsured individuals in the State bears graph (4)— Mr. MCCONNELL. Mr. President, I to the total number of uninsured individuals ‘‘(i) two-thirds of the amount appropriated ask unanimous consent that when the (as determined by the Secretary) in all quali- shall be made available for allotments under fying States that so apply. subsection (b)(2); and Senate completes its business today, it ‘‘(C) An amount equal to 30 percent of such ‘‘(ii) one-third of the amount appropriated adjourn until 9:30 a.m. on Thursday, appropriated amount for the fiscal year shall shall be made available for allotments under October 20. I further ask that following be allotted among qualifying States that subsection (c)(3). the prayer and pledge, the morning apply for such a grant so that the amount al- ‘‘(2) AUTHORIZATION OF APPROPRIATIONS FOR hour be deemed expired, the Journal of lotted to a State bears the same ratio to FISCAL YEARS 2007 THROUGH 2010.—There are proceedings be approved to date, the such appropriated amount as the number of authorized to be appropriated $75,000,000 for time for the two leaders be reserved, individuals enrolled in health care coverage each of fiscal years 2007 through 2010, of and the Senate then resume consider- through the qualified high risk pool of the which, subject to paragraph (4)— State bears to the total number of individ- ‘‘(A) two-thirds of the amount appro- ation of H.R. 3058, the Transportation- uals so enrolled through qualified high risk priated for a fiscal year shall be made avail- Treasury appropriations bill. pools (as determined by the Secretary) in all able for allotments under subsection (b)(2); The PRESIDING OFFICER. Without qualifying States that so apply. and objection, it is so ordered.

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — SENATE S11599 PROGRAM fore the Senate, I ask unanimous con- To be colonel Mr. MCCONNELL. Mr. President, we sent that the Senate stand in adjourn- GARY L. GROSS, 0000 ment under the previous order. have made substantial progress on the To be lieutenant colonel bill today. Tomorrow morning, when There being no objection, the Senate, at 6:55 p.m., adjourned until Thursday, NEAL J. BUCKON, 0000 we return to the bill, we have several MICHAEL J. CERRONE, 0000 Senators prepared to offer amend- October 20, 2005, at 9:30 a.m. FRANK R. SPENCER, 0000 ments. I hope that we can debate and f VALERIE B. STJOHN, 0000 GARY R. STUDNIEWSKI, 0000 vote on those amendments with rea- NOMINATIONS AVI S. WEIS, 0000 sonable time agreements. There is a chance we can finish this bill tomorrow Executive nominations received by To be major night, and the majority leader has indi- the Senate October 19, 2005: MARK N. AWDYKOWYZ, 0000 DEPARTMENT OF STATE RICHARD J. BENDORF, 0000 cated that if we wrap up the Transpor- JAMES R. BOULWARE, 0000 tation-Treasury bill tomorrow evening, ANNE W. PATTERSON, OF VIRGINIA, A CAREER MEMBER GARY W. BRAGG, 0000 we will not be voting on Friday. If we OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER JOEY T. BYRD, 0000 MINISTER, TO BE AN ASSISTANT SECRETARY OF STATE JOHN L. CONGDON, 0000 are able to do that, he will move on (INTERNATIONAL NARCOTICS AND LAW ENFORCEMENT DOUGLAS C. FENTON, 0000 AFFAIRS), VICE ROBERT B. CHARLES. Friday to another bill, and we will not MICHAEL L. FRAILEY, 0000 IN THE AIR FORCE RICHARD P. GRAVES, 0000 be having votes that day. Hopefully, DAVID S. HARSDORF, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT that will be adequate incentive for all JOSE G. HERRERA, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- TIMOTHY L. HUBBS, 0000 of us to finish our work on this par- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE CARLOS C. HUERTA, 0000 ticular bill no later than tomorrow AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: PAUL K. HURLEY, 0000 night. DANIEL C. HUSSEY, 0000 To be general JERALD P. JACOBS, 0000 f LT. GEN. LANCE L. SMITH, 0000 STEVEN R. JERLES, 0000 EDWARD D. NORTHROP, 0000 ADJOURNMENT UNTIL 9:30 A.M. IN THE ARMY JAMES E. ONEAL, 0000 MATTHEW P. PAWLIKOWSKI, 0000 TOMORROW THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- PEKOLA F. ROBERTS, 0000 C POINTMENT IN THE GRADES INDICATED AS CHAPLAINS Mr. M CONNELL. Mr. President, if IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C., ADGER S. TURNER, 0000 there is no further business to come be- SECTIONS 531 AND 3064:

VerDate Mar 15 2010 20:56 Jan 30, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 9801 E:\2005SENATE\S19OC5.REC S19OC5 mmaher on DSKCGSP4G1 with SOCIALSECURITY October 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2123 EXTENSIONS OF REMARKS

CONGRATULATING CURT AND declared ‘Perry Campbell Day!’ by the City of rector for the U.S. Senate Committee on Agri- JUDY WIGGINS FOR WINNING Hope. culture, Nutrition and Forestry. THE MERITORIOUS SERVICE Some of my earliest and fondest memories Prior to service in the U.S. Senate and AWARD growing up just outside of Hope are going to USDA, Dale spent more than a decade work- Perry’s truck stop for dinner on Saturday ing with the American Farm Bureau Federa- HON. ROBERT W. NEY nights with my parents. It was a genuine tion and the Michigan Farm Bureau. His ca- weekend treat. Back then, and up until a few reer in agriculture began as a farmer in Michi- OF OHIO months before Perry’s death, part of the dining gan’s Genesee County. His degree in animal IN THE HOUSE OF REPRESENTATIVES experience was seeing Perry at Western husbandry was earned at Michigan State Uni- Wednesday, October 19, 2005 Sizzlin’ as he would always make it a point to versity. visit your table to ensure you were pleased Mr. NEY. Mr. Speaker: Dale’s service at USDA Rural Development with your meal. Perry understood the impor- Whereas, Curt and Judy Wiggins have, has proven to be a shining capstone for a ca- tance of the personal touch in the restaurant without thought of reward, given of themselves reer focused on the very mission the agency business. to help the citizens of Jackson County on embodies: supporting increased economic op- For many people, Perry was the embodi- countless occasions; and portunity and improved quality of life for rural ment of the hospitality industry. Perhaps his American citizens. Across Michigan’s counties Whereas, Curt and Judy Wiggins have most shining moment was when Perry was in- and communities, his legacy will be realized worked tirelessly with the American Cancer ducted into the Arkansas Hospitality Associa- long into the future. I am pleased to have Society—Jackson County Unit; and tion Hall of Fame in 1996, after serving on the worked with Dale, to call him friend, and to Whereas, Curt and Judy Wiggins have dedi- Arkansas Lodging Association Board and as share his story with my Congressional col- cated themselves to Jackson County through its President from 1993–1994. He also re- leagues. organizations too numerous to name here and ceived the Golden Key Award in 1995. Mr. Speaker, I ask my colleagues to join me through their work have uplifted all those Perry was an exceptionally driven man with in honoring this very special person, Dale whom they have come in contact. an entrepreneurial spirit second to none. He Sherwin, a citizen and leader who is truly de- Therefore, I join with family, friends and the had an extraordinarily generous spirit, but serving of our respect and admiration. entire 18th Congressional District of Ohio in never desired public recognition for his many congratulating Curt and Judy Wiggins for win- contributions to the community. My heartfelt f ning this prestigious award. condolences go out to Perry’s family, business HONORING DEPUTY ANTHONY associates, and the many people who join me f ROBERT III in counting him as a friend. I have lost a true IN LASTING MEMORY OF PERRY friend and will miss him, but his legacy will live CAMPBELL on in Perrytown, Hope, and Arkansas for gen- HON. CHARLES W. BOUSTANY, JR. erations to come. OF LOUISIANA HON. MIKE ROSS f IN THE HOUSE OF REPRESENTATIVES OF ARKANSAS PAYING TRIBUTE TO DALE Wednesday, October 19, 2005 IN THE HOUSE OF REPRESENTATIVES SHERWIN OF LANSING, MICHIGAN Mr. BOUSTANY. Mr. Speaker, I rise today Wednesday, October 19, 2005 to recognize the great achievements of Deputy Mr. ROSS. Mr. Speaker, I rise today to HON. MIKE ROGERS Anthony Robert III, of Opelousas, Louisiana. honor the memory of a close personal friend OF MICHIGAN In addition to his distinguished service as a of mine, Perry Campbell, the most prominent IN THE HOUSE OF REPRESENTATIVES Deputy Sheriff in Baton Rouge, Louisiana, figure in the hospitality business in Hope, Ar- Deputy Robert has also displayed an extraor- kansas for more than 50 years. He passed Wednesday, October 19, 2005 dinary athletic talent in track and field competi- away on October 10, 2005 at a Texarkana Mr. ROGERS of Michigan. Mr. Speaker, I tion. hospital at the age of 77. rise to honor the accomplishments of Dale At the 2005 Louisiana Police and Fire Sum- Perry led a life committed to public service. Sherwin of Lansing, Michigan, who is retiring mer Games in Lafayette, Louisiana, Deputy He was the namesake, a founding member, this month as the Michigan State Director for Robert won three gold medals in the 100 and eventually the mayor of Perrytown. He U.S. Department of Agriculture Rural Develop- meter dash, 200 meter dash, and javelin; as was founding member of Providence Memorial ment. well as two silver medals in the shot put and Baptist Church in Perrytown, a member of the Dale Sherwin has dedicated his career to the discus. His success continued this June Board of Directors of Hope-Hempstead County improving the quality of life for America during the Southeastern Police and Fire Chamber of Commerce and its 1994 Citizen of through its agricultural community and the citi- Championships, which took place in Bir- the Year, one of the founders of Hempstead zens who work to feed America and the world. mingham, Alabama. There, Deputy Robert County Ambulance Service and Perrytown Prior to starting his successful service with won a total of five gold medals in the following Volunteer Fire Department. He also served on USDA Rural Development in April 2003, Dale events: 100 meter dash, 200 meter dash, 400 the Life Word Board and the Clinton Birthplace worked six years for the Michigan Department meter dash, 4 x 100 meter relay, and the 110 Foundation Board. of Agriculture, serving as director of agriculture meter hurdles. A successful entrepreneur, Perry began his policy and guiding policy on National Associa- Additionally, at the recent World Police and business career as the proprietor of a single tion of State Departments of Agriculture Fire Games, which took place this past sum- truck stop and eventually became the owner issues. mer in Quebec, Canada, Deputy Robert was of Western Sizzlin’ Restaurant, Dos Locos During the administrations of Presidents awarded the bronze medal in the 110 meter Gringos Restaurant, Best Western Motel and Nixon and Ford, Dale served in the U.S. De- high hurdles as well as a ranking of 4th in the a Holiday Inn Express in Hope. Perry under- partment of Agriculture: as chief legislative liai- world in the 400 meter hurdles. stood more than most the importance of son to former Secretary Earl Butz; Deputy As- I applaud Deputy Robert’s achievements, changing with the times and his adaptability sistant Secretary for International Affairs and not only as a dedicated law enforcement offi- placed him in a league of his own. Western Commodity Programs; and as assistant direc- cer, but also as a great representative of the Sizzlin’ Restaurant recently celebrated its 20th tor of legislative affairs for the Foreign Agricul- citizens of Louisiana on the field of competi- anniversary on Perry’s 77th birthday, a day tural Service. Dale also worked as a staff di- tion.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Aug 31 2005 05:17 Oct 20, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A19OC8.001 E19OCPT1 E2124 CONGRESSIONAL RECORD — Extensions of Remarks October 19, 2005 CONGRATULATING THE JACKSON nest Duncan of Pilot Point, Texas. Mr. Dun- WORLD FOOD PRIZE DAY HIGH SCHOOL BAND FOR WIN- can’s zealous and passionate spirit towards NING THE COMMUNITY PRIDE community service warrants recognition. HON. MARTIN OLAV SABO AWARD As a 90 year old gentleman, Mr. Duncan OF MINNESOTA dedicates much of his time to those in need, IN THE HOUSE OF REPRESENTATIVES HON. ROBERT W. NEY whether near or far away. Since the tragic Wednesday, October 19, 2005 event of Hurricane Rita, Mr. Duncan has vol- OF OHIO Mr. SABO. Mr. Speaker, as people around IN THE HOUSE OF REPRESENTATIVES untarily made two trips to Beaumont, Texas to help the victims. He and others from the the globe observe World Food Prize Day, I am Wednesday, October 19, 2005 Southern Baptist Disaster Relief helped the ef- honored to recognize Norman E. Borlaug, a man who worked wonders to boost agricultural Mr. NEY. Mr. Speaker: fort by serving food, cooking and picking up production and helped reverse widespread Whereas, the Jackson High School Band, trash for twelve hours everyday. During their first four-day tour in Beaumont, Mr. Duncan hunger in many countries. with nearly 200 members, has for many years A former University of Minnesota instructor, and his colleagues slept on cots and func- been the pride of Jackson County when they Borlaug is also an alumnus, having earned his tioned without electricity or water. perform; and bachelor’s, master’s and Ph.D. there. Borlaug In addition to his recent involvement in the Whereas, the Jackson High School Band grew up on a farm, and became impassioned represented Jackson in front of an inter- Hurricane Rita relief effort, Mr. Duncan is a about the prospect of combating a wheat dis- national audience in Orlando, Florida and per- committed volunteer for the Texas Baptist ease called rust late into his studies for his formed exceptionally; and Men’s bricking crew, which travels across the bachelor’s degree. After 10 years of research, Whereas, Band Director Dick Berry had for country building churches. This effort helps Borlaug developed a semidwarf variety of 36 years helped to shape boys and girls into minimize costs for churches and allows them wheat that resisted rust and other diseases, young men and women for the betterment of to use their money towards other expenses was insensitive to light so that it could grow in Jackson High School and Jackson County. and community projects. a variety of climates, and was short and stalky Therefore, I join with family, friends and the Mr. Speaker, It is with great honor that I enough to be heavily fertilized. entire 18th Congressional District of Ohio in stand here today to recognize Mr. Ernest Dun- In time, he would become known as the Fa- congratulating the Jackson High School Band can, who has dedicated his time to community ther of the Green Revolution. for winning this prestigious award. service, and who has reached out to assist By taking his wheat variety to Mexico in f those outside the North Texas area. Mr. Dun- 1944, the country became self-sufficient in can’s admirable commitment to helping others wheat production by 1956. By 1963, more IN LASTING MEMORY OF JUDGE is an inspiration to all generations. than 95% of Mexico’s wheat lands grew PAUL X. WILLIAMS, JR. Borlaug’s variety. f He took his success to other countries, no- HON. MIKE ROSS PERSONAL EXPLANATION tably India and Pakistan, reversing food short- OF ARKANSAS ages and helping to feed millions of people. IN THE HOUSE OF REPRESENTATIVES HON. JIM GIBBONS He went on to train agronomists from every part of the world. Wednesday, October 19, 2005 OF NEVADA Borlaug was often warned that small farm- Mr. ROSS. Mr. Speaker, I rise today to IN THE HOUSE OF REPRESENTATIVES ers would never accept new technology. But honor the memory of Judge Paul X. Williams, Wednesday, October 19, 2005 he did not accept that judgment and worked Jr. Judge Williams passed away after a tragic Mr. GIBBONS. Mr. Speaker, I rise today to tirelessly in the fields to earn trust, make struggle with cancer on October 3, 2005 in explain how I would have voted on October doubters into believers, and change agri- Booneville, Arkansas at the age of 67. 17, 2005 during Roll Call votes #521, #522, culture practices. After graduating from the University of Ar- Borlaug also clearly understood that small and #523 during the first session of the 109th kansas Law School, Judge Williams moved to peasant farmers needed more than improved Congress. The first vote was for approving the Booneville and carried on the legacy of his fa- farming production to be successful. Helpful Journal, the second was H. Res. 457—Recog- ther, dedicating his life to the law. Shortly after economic policy had to exist to support the nizing the importance and positive contribu- moving to Booneville, he was appointed Dep- new technology, make the needed products tions of chemistry and supporting the goals uty Prosecuting Attorney for South Logan available, and ensure fair grain prices. He has and ideals of National Chemistry Week, and County. In 1975, he was elected to his first of focused much time and energy to improve the third was H. Res. 491—Expressing the two terms as the Prosecuting Attorney for the food distribution within countries, as well. sense of the House with respect to raising 15th Judicial District. ‘‘If you don’t do anything, you’ll never have awareness and enhancing the state of com- In 1979, Judge Williams was named the critics,’’ Borlaug was known to have said. Al- puter security in the United States, and sup- City Attorney of Booneville and continued to though people questioned his technology or porting the goals and ideals of National Cyber serve in this capacity until 1990, when he was criticized it, it is believed that he saved more Security Awareness Month. elected to the District Bench, a post he served lives than any other person who has ever If present, I would have voted yes on these until his death. lived. He has also been called a ‘‘peaceful roll call votes. Judge Williams was a member of the First revolutionary’’ and a ‘‘consultant to govern- Baptist Church in Booneville, and well known f ments of every political ideology.’’ throughout the community as a man deeply Borlaug won the esteemed Nobel Peace dedicated to his family, an avid golfer, and a RECOGNIZING KYLE JONES Prize in 1970. In 2002, he received the Na- terrific chef. tional Academy of Science’s highest honor, My condolences go out to his wife, Dottie; HON. ROBERT W. NEY the Public Welfare Medal, for his work to fight their daughters Jane, Charlotte and Natalie; OF OHIO hunger. He is the recipient of more than 49 his mother Elizabeth; his two sisters, two IN THE HOUSE OF REPRESENTATIVES honorary doctoral degree and many scientific and civic awards from around the globe. Be- brothers and his grandson, Rane. Judge Wil- Wednesday, October 19, 2005 liams will be deeply missed in Logan County cause there was no similar award recognizing and throughout Arkansas. Mr. NEY. Mr. Speaker: advancement in food production, Borlaug f Whereas, Kyle Jones has achieved the rank helped found the World Food Prize, celebrated of Eagle Scout; and yearly in October. HONORING ERNEST DUNCAN Whereas, Kyle Jones shall be recognized as Mr. Speaker, as my home state celebrates the first Eagle Scout in the Barnesville Boy Norman Borlaug Day and World Food Prize HON. MICHAEL C. BURGESS Scout Troop 71; and Day on October 16, I wish to extend my most OF TEXAS Whereas, Kyle Jones should be com- humble gratitude and congratulations to this IN THE HOUSE OF REPRESENTATIVES mended for his dedication and perseverance. tireless and dedicated public servant. Norman Therefore, I join with the residents of the en- Borlaug saw an opportunity to better lives, and Wednesday, October 19, 2005 tire 18th Congressional District of Ohio in hon- he fought for it. He has spent a lifetime work- Mr. BURGESS. Mr. Speaker, I rise today to oring and congratulating Kyle Jones for his ing to help countries adapt practices and poli- honor the service and commitment of Mr. Er- outstanding accomplishment. cies to help them feed their people.

VerDate Aug 31 2005 05:17 Oct 20, 2005 Jkt 049060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A19OC8.005 E19OCPT1 October 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2125 Thank you, Norman Borlaug. This nation— Whereas, Sue Maxwell should be com- out the country and world, it is a way to con- and many nations—thank you. mended for her business savvy and her dedi- nect with and pay tribute to America’s musical f cation to Hocking Hills and Vinton County. influences and heritage. I ask my colleagues Therefore, I join with the residents of the en- to join me in recognizing the importance of TRIBUTE TO THE MASSEY tire 18th Congressional District of Ohio in hon- this beloved American musical institution and AGENCY—30TH ANNIVERSARY oring and congratulating Sue Maxwell for her to celebrate the 80th anniversary of the Grand outstanding accomplishment. Ole Opry. HON. DONALD M. PAYNE f f OF NEW JERSEY IN THE HOUSE OF REPRESENTATIVES THE 80TH ANNIVERSARY OF THE CONGRATULATING IRON CITY PIPE GRAND OLE OPRY, NASHVILLE, TN Wednesday, October 19, 2005 AND SUPPLY FOR WINNING THE ENTREPRENEUR OF THE YEAR Mr. PAYNE. Mr. Speaker, I ask my col- AWARD leagues here in the House of Representatives HON. JIM COOPER OF TENNESSEE to join me as I rise to acknowledge the Massey Agency as this Newark firm cele- IN THE HOUSE OF REPRESENTATIVES HON. ROBERT W. NEY brates its 30th anniversary. With Emma and Wednesday, October 19, 2005 OF OHIO IN THE HOUSE OF REPRESENTATIVES Ramelle Massey at the helm of this woman/ Mr. COOPER. Mr. Speaker, I rise today to minority-owned insurance and brokerage firm, recognize the 80th anniversary of the Grand Wednesday, October 19, 2005 they offer services that are important to resi- Ole Opry in Nashville, TN. As one of the most Mr. NEY. Mr. Speaker: dents and businesses in the area. renowned traditions in American music and Whereas, owners Ray Brewer, Rick Smith Fortunately, for the City of Newark, the broadcasting, the Grand Ole Opry continues to and Eric Massie in true entrepreneurial spirit Massey Agency has always been committed entertain and delight music lovers around the recognized a market opening in southern Ohio to the needs of the community. Beginning with globe every week. Broadcast live from the and capitalized on it; and the late Raymond J. Massey who opened the Opry stage every Friday and Saturday night, Whereas, Iron City Pipe and Supply has agency’s doors and continuing with his wife, the Grand Ole Opry is the Nation’s longest- been able to adapt and grow and now serves Emma and daughter, Ramelle, the Massey running radio show and the beloved home of the needs of businesses in a tri-state area; Agency has been providing job opportunities our Nation’s most celebrated music. and and internship programs for local residents. In The show’s original host, George D. Hay, in- Whereas, Iron City Pipe and Supply is look- addition to the employment opportunities the troduced the first performance in 1925: 77- ing forward to continued growth and diver- Massey Agency has offered, they have also year-old Uncle Jimmy Thompson, who could sification to further benefit the Jackson area. contributed financially to local community or- ‘‘fiddle the taters off the vine,’’ played ‘‘Ten- Therefore, I join with family, friends and the ganizations which have assisted many young nessee Waggoner.’’ Since then its audience entire 18th Congressional District of Ohio in people and programs to achieve success for has grown from a group of local Nashville lis- congratulating Iron City Pipe and Supply for themselves and others in the community. teners to the millions of music fans who tune winning this prestigious award. Along the way, the agency has earned a in through satellite radio, television, and the f standing as one of the predominant Minority internet. Business Enterprise/Women’s Business Enter- The Ryman Auditorium’s original well-worn BETTY LEE STRECKFUSS, DELE- prise in the Northeast. The agency has also oak wood Opry stage has moved with the GATE TO THE 2005 WHITE HOUSE received proclamations from the Mayor of show’s changing venues through the years CONFERENCE ON AGING Newark and the Independent Insurance and has hosted some of America’s most leg- Agents of New Jersey, which recognized the endary country musicians—Patsy Cline, Roy HON. TED POE agency’s longevity, dedication to the City of Acuff, the Carter Family, Willie Nelson, Loretta OF TEXAS Newark and the quality of its insurance prod- Lynn, Johnny Cash, Dolly Parton, and Bill IN THE HOUSE OF REPRESENTATIVES ucts and services. Monroe. For many generations of Americans, Wednesday, October 19, 2005 Educated in some of the finest schools and Minnie Pearl’s cheerful shout of ‘‘How-dee! I’m universities, the Massey women are true pro- just so proud to be here!’’ will forever signify Mr. POE. Mr. Speaker, during the second fessionals and exemplary role models. They the start of another memorable and captivating week of December, the 2005 White House are both multiple licensed insurance brokers Grand Ole Opry show. Conference on Aging will take place in Wash- offering a wide array of services. One of their My own personal connection to the Grand ington, D.C. This is a once in a decade event goals is to expand their reach beyond the Ole Opry began when I met the legendary where delegates from across the United local community. With the tenacity, energy, in- Opry duo Earl Scruggs and Lester Flatt during States gather to make policy recommenda- telligence and willpower of Emma and my father’s 1950s political campaigns through- tions to the President and Congress on issues Ramelle, there is no doubt they will meet this out Tennessee. Like so many others, I tuned of importance to aging generations. self imposed challenge. in every week to listen to the gifted musician- I had the privilege of nominating Betty Lee Mr. Speaker, I know my colleagues agree ship of the performers. And in a visit I shared Streckfuss, RN, as a delegate to the 2005 that the Massey Agency and the Newark com- with Earl Scruggs not too long ago, he told me White House Conference on Aging, and I am munity have every right to be proud of the that growing up in Shelby, North Carolina, he proud to say that she will be in attendance as lasting contributions the agency has made to would walk across the hollow to a neighbor’s the delegate from the Second Congressional the Greater Newark Community. I am pleased house just to listen to the show every week District of Texas. to congratulate Emma and Ramelle Massey because his family didn’t have a radio. Both Betty has a long and distinguished back- along with their employees on their 30th anni- accomplished musicians and fans alike con- ground in healthcare. A former Head Nurse of versary. tinue to hold the Grand Ole Opry in the high- the Acute Care Pediatric Unit at Ben Taub f est esteem among America’s musical tradi- Hospital in Houston, TX, Betty is currently RECOGNIZING SUE MAXWELL tions. serving as founder and associate partner of While the Opry has always stayed true to Streckfuss and Associates, a Texas based HON. ROBERT W. NEY the musical roots upon which it was founded, medical consulting endeavor specializing in it continues to evolve with the latest country clinical policies, procedures and regulatory OF OHIO sounds. The Grand Ole Opry’s elite member- issues. She is also secretary of the Houston/ IN THE HOUSE OF REPRESENTATIVES ship now includes accomplished artists like Harris County Area Agency on Aging Advisory Wednesday, October 19, 2005 Martina McBride, Garth Brooks, Alan Jackson, Council and a member of the Texas Silver Mr. NEY. Mr. Speaker: Vince Gill, Brad Paisley, Patty Loveless, and Haired Legislature. Whereas, Sue Maxwell has been named as Dierks Bentley who continue to entertain fans I commend Betty’s commitment to the 2005 Vinton County Southeastern Ohio on the same oak wood stage every week. healthcare. I have no doubt that her experi- Regional Council Person of the Year; and In its 80 years, the Grand Ole Opry has ence, insight, and sincere desire to advocate Whereas, Sue Maxwell has been acknowl- come to mean something more than a weekly on behalf of our aging Americans will serve edged for her success in operating country show. In addition to extending Nash- our community well at the 2005 White House Ravenwood Castle; and ville and America’s musical traditions through- Conference on Aging.

VerDate Aug 31 2005 05:17 Oct 20, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A19OC8.010 E19OCPT1 E2126 CONGRESSIONAL RECORD — Extensions of Remarks October 19, 2005 A TRIBUTE TO REAR ADMIRAL allow all political parties to organize rallies free THE DISTRICT OF COLUMBIA KATHLEEN K. PAIGE from violence and intimidation, welcome do- COURT, OFFENDER SUPER- mestic and international election observers, VISION, PAROLE AND PUBLIC HON. JERRY LEWIS provide appropriate access to media, and en- DEFENDER EMPLOYEES EQUITY OF CALIFORNIA sure central and regional authorities create the ACT OF 2005 IN THE HOUSE OF REPRESENTATIVES necessary conditions for exit polls. Azerbaijan has come forward as a strong Wednesday, October 19, 2005 HON. ELEANOR HOLMES NORTON strategic partner and ally not only to the OF THE DISTRICT OF COLUMBIA Mr. LEWIS of California. Mr. Speaker, I United States but also among the democratic IN THE HOUSE OF REPRESENTATIVES come to the floor today to recognize the serv- societies in our world. I congratulate Azer- Wednesday, October 19, 2005 ice of an outstanding leader in our Nation’s baijan on this important day and look forward Ms. NORTON. Mr. Speaker, today Chair- Armed Forces. After more than 34 years in to them having free and fair elections next man TOM DAVIS and I introduce a bill that will uniform, Rear Admiral Kathleen K. Paige will month. soon retire from the United States Navy and correct a long overdue oversight affecting the non-judicial employees of the D.C. Courts, the move on to private life. f Admiral Paige’s sustained, superb service Court Services and Offender Supervision culminated in a series of highly challenging IN RECOGNITION OF FORMER TAI- Agency (CSOSA), and the D.C. Public De- fender Service (PDS). senior assignments where she demonstrated WANESE PRESIDENT LEE TENG- HUI Under the 1997 National Capital Revitaliza- dedication to one primary goal: providing high- tion and Self-Government Improvement Act of ly effective military capabilities to warfighters. 1997, the federal government took over the Her first Flag assignment was as Com- HON. HILDA L. SOLIS operation of the District of Columbia Courts mander, Naval Surface Warfare Center in July and related services making the non-judicial 1996. Two years later, she assumed duties as OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES employees of the D.C. Courts and the employ- Director, Theater Air and Missile Defense and ees of CSOSA federal employees. In 1998, Systems Engineering in the Program Execu- Wednesday, October 19, 2005 employees of PDS were similarly transferred tive Office for Theater Surface Combatants. Ms. SOLIS. Mr. Speaker, I rise today to wel- as part of the District of Columbia Courts and Then, in April 1999, she was given the addi- Justice Technical Collections Act. As federal tional concurrent assignment as the first As- come former Taiwanese President Lee Teng- Hui to Washington, DC. employees, these Court, CSOSA and PDS sistant Secretary of the Navy (Research, De- employees were brought under the federal re- President Lee Teng-Hui is truly a founding velopment & Acquisition) Chief Engineer—the tirement program (FERS). However, for the father of democracy. As president of Taiwan Navy’s senior technical authority for develop- employees transferred in 1997 and in 1998, ment of system and technical architectures. from 1988 to 2000, Mr. Lee Teng-Hui helped ‘‘creditable service’’ for the purposes of deter- Because of her extraordinary talent and exper- Taiwan develop into the strong democracy it is mining when they would be eligible to retire tise in complex systems, in July 2001, the Mis- today. Today, Taiwan is a vital, growing de- and the amount of annuity they would be enti- sile Defense Agency selected her to be the mocracy committed to the universal principles tled to under FERS only began from the date first Ballistic Missile Defense System Tech- of human freedom and dignity. I am certain of the transfer. That is, the 1997 and 1998 nical Director in charge of integrating the engi- that President Lee Teng-Hui’s visits to the Lib- laws made no provision for treating their year neering development of all the systems com- erty Bell and Independence Hall and his view- of service as Court and related services em- prising the missile defense program. ing of the United States Constitution and the ployees prior to these laws as creditable serv- Since August 2002, Admiral Paige has also Declaration of Independence has only deep- ice for retirement. served as the Navy’s senior Engineering Duty ened his appreciation of America’s struggle for Accordingly, the bill we introduced today will Officer—nurturing the engineering commu- democracy. amend these laws to require that the time nity’s rich heritage of scientific fact-finding and It is my hope that one day there will be served by these employees before 1997 will integrated, top-down engineering to ensure open dialogue between high level officials in count towards their overall federal retirement continuous innovation. At the same time, she the United States and in Taiwan for the devel- eligibility as ‘‘creditable service’’. So for exam- made certain that the Navy remained an- opment of democracy beyond our two coun- ple, if an employee is 60 years old today and chored to fundamental operational realities. tries and around the world. has worked 20 years (i.e. since 1985) for the f D.C. Courts under our bill he would be eligible f for federal retirement today (whereas without TRIBUTE TO THE PEOPLE OF THE our bill he would have to work another twelve REPUBLIC OF AZERBAIJAN CONGRATULATING RANDY EVANS years). AND RANDY EVANS CONSTRUC- I should also note that to avoid the problem HON. SOLOMON P. ORTIZ TION FOR WINNING THE SEORC of ‘‘double dipping,’’ since the employees are BUSINESS OF THE YEAR AWARD OF TEXAS still entitled to their D.C. retirement benefits (based upon their work status up until 1997), IN THE HOUSE OF REPRESENTATIVES HON. ROBERT W. NEY our bill does not count the pre-1997 years Wednesday, October 19, 2005 spent as D.C. government employees towards OF OHIO Mr. ORTIZ. Mr. Speaker, I rise today to offer the amount of federal retirement annuity an my sincere congratulations to the people of IN THE HOUSE OF REPRESENTATIVES employee is eligible to receive. the Republic of Azerbaijan as they celebrate Wednesday, October 19, 2005 However, it is only fair and just that the the 14th anniversary of their Independence Court and related services employees who from the Soviet Union. On October 18, 1991, Mr. NEY. Mr. Speaker: started their jobs with the expectation that Azerbaijan adopted its Constitutional Act on Whereas, Randy Evans, with effort and de- would be able to retire without penalty after 20 Independence declaring their independence as sire, started Randy Evans Construction and years of service or more should be allowed to a sovereign state. has made it a significant competitor in the do so. Our bill today does just that, it restores Having lived under Soviet rule, the people of Jackson area construction business; and their ‘‘lost time.’’ Azerbaijan have a great appreciation of living Whereas, Randy Evans and Randy Evans f Construction have helped shape the Jackson in a democratic civil society and understand PERSONAL EXPLANATION that they need to continue to democratize and area community; and hold free and fair elections in order to develop Whereas, Randy Evans’ commitment to per- and integrate into western structures. fection, perseverance and fortitude are an in- HON. EARL BLUMENAUER OF OREGON On November 6, 2005, Azerbaijan will hold spiration to everyone in Jackson County and IN THE HOUSE OF REPRESENTATIVES important parliamentary elections. As a sign of beyond. his commitment to ensuring free and fair elec- Therefore, I join with family, friends and the Wednesday, October 19, 2005 tions, President Ilham Aliyev issued an Execu- entire 18th Congressional District of Ohio in Mr. BLUMENAUER. Mr. Speaker, had I tive Order earlier this year outlining important congratulating Randy Evans and Randy Evans been present for the following votes on Mon- steps that will be taken prior to the election. Construction for winning this prestigious day, October 17th, I would have voted as fol- Since then great progress has been made to: award. lows:

VerDate Aug 31 2005 05:17 Oct 20, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A19OC8.016 E19OCPT1 October 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2127 Rollcall vote No. 521: I would have voted will gather to pay tribute to the contributions over 150 square miles in the northern-most ‘‘aye’’ on approving the Journal. made by Clarence S. Haines, a true pioneer in portion of San Diego County. Rollcall vote No. 522: I would have voted the fields of Applied Sciences and Technical Chuck Perkins’ service to his community ‘‘aye’’ on H. Res. 457, recognizing the impor- Education at the college. Mr. Haines, who died began in 1982, as a Reserve Firefighter. On tance and positive contributions of chemistry in 1995, will be honored with a plaque hon- July 20, 1987, he was hired as a full-time Fire/ to our everyday lives and supporting the goals oring his life and legacy, to be displayed in EMS Dispatcher. His hard work and dedication and ideas of National Chemistry Week. Mott’s Regional Technology Center. were recognized on April 5, 1988, when he Rollcall vote No. 523: I would have voted Born in 1905, Clarence ‘‘Mike’’ Haines was was hired as a full-time Firefighter. His con- ‘‘aye’’ on H. Res. 491, expressing the sense of the first chairman of Mott Community Col- tributions to the agency led to his promotion to the House of Representatives with respect to lege’s Trades and Industry Department. In the rank of Engineer on March 15, 1999. raising awareness and enhancing the state of 1955, he was awarded the Ballenger Chair of Engineer Perkins was actively involved in computer security in the United States and Learning in that area. He created specialized fire, rescue, emergency services and fire pre- supporting the goals and ideas of National curricula that helped usher the school into the vention programs. He managed the Engine Cyber Security Awareness Month. technology age, and facilitated the planning, Company’s Fire Inspection Program for over f coordination, and implementation of these pro- ten years. The Fire Inspection Program, along grams. Clarence also assisted with designing with Engineer Perkins’ skilled management re- INTRODUCTION OF ‘‘PREVENTING the school’s Mott and Gorman Buildings to sulted in a significant reduction in fire loss to SEXUAL ASSAULTS IN THE MILI- simulate workplace environments and provide the business community of the greater TARY ACT OF 2005’’ practical experiences for students. Mott’s Ap- Fallbrook, Bonsall and Rainbow areas. plied Sciences program was created largely as Engineer Perkins is regarded as a humble HON. CAROLYN B. MALONEY a result of his influence. and generous man by his fellow San Diegans. OF NEW YORK Mr. Speaker, as a former teacher, I applaud His involvement in the community is not lim- IN THE HOUSE OF REPRESENTATIVES Clarence Haines’ dedication and commitment ited to his work as an Engineer in the North County Fire Protection District. For the last fif- Wednesday, October 19, 2005 to education. His insight and vision have helped create many opportunities for our teen years, Engineer Perkins has volunteered Mrs. MALONEY. Mr. Speaker, today, I intro- young people, past, present, and future. I ask his time as a leader in the district’s public edu- duce legislation, the ‘‘Preventing Sexual As- my colleagues in the 109th Congress to cation efforts. He demonstrated his passion for saults in the Military Act of 2005,’’ which would please join me in acknowledging his memo- fire prevention and safety education by por- appropriate such funds as are necessary for rable achievements. traying ‘‘Smokey the Bear,’’ performing for fiscal years 2006 through 2008 to eliminate f thousands of school children during his career, the backlog in processing DNA evidence, to promoting Smokey’s fire prevention message, ensure that testing takes place in a timely CONGRATULATING BEAR VILLAGE ‘‘Only you can prevent forest fires.’’ Engineer manner, to provide an adequate supply of fo- AND KEITH AND LYNN DENNY Perkins continues to share his time as a ‘‘Part- rensic evidence collection kits at all domestic FOR WINNING THE BEAUTIFI- ner in Prevention,’’ by traveling to local and overseas U.S. military installations, mili- CATION AWARD schools, teaching kids to ‘‘Stop, Drop and tary academies, and theaters of operation, and Roll’’ as well as the ‘‘Exit Drill in the Home’’ to ensure that at least one military medical HON. ROBERT W. NEY (EDITH) exercise. In addition to his portrayal personnel member, who is trained as a Sexual OF OHIO of Smokey the Bear, he also warns school Assault Nurse Examiner (SANE) or Sexual As- IN THE HOUSE OF REPRESENTATIVES children about the dangers of fire and smoke sault Forensic Examiner (SAFE), is on duty at as ‘‘Evil Mr. Smoke.’’ Wednesday, October 19, 2005 all times in the health care facility at a military Engineer Chuck Perkins will retire from the academy, domestic military base, overseas Mr. NEY. Mr. Speaker: North County Fire Protection District on Octo- military base, and theaters of operation, ex- Whereas, Keith and Lynn Denny have built ber 28, 2005, after more than 23 years of es- cept where a memorandum of understanding one of the premier gift shops in Jackson teemed service, though he will continue to re- is issued between the military installation and County; and main a leader in fire safety education. Chuck a local civilian hospital. Whereas, Bear Village has grown to be a Perkins is due our respect and gratitude for Rapes and sexual assaults are far too com- impeccable illustration of what Jackson County his tireless service and genuine commitment mon in both civilian life and in the military. As has to offer and what great potential the com- to his community now, and in the future. the April 2004 report issued by the Pentagon munity has; and f states, among other findings, current DoD poli- Whereas, Keith and Lynn Denny’s vision cies and standards do not focus on sexual as- has added greatly to the beauty of Jackson CONGRATULATING DFW INTER- sault and ‘‘the military services’ policies lack County and is further enhancing the NATIONAL AIRPORT FOR RE- integration for effective prevention and re- attractiveness of Water Street. CEIVING ‘‘STAR OF ENERGY EF- sponse.’’ Therefore, I join with family, friends and the FICIENCY’’ AWARD This legislation will help bring justice to the entire 18th Congressional District of Ohio in victims and survivors of sexual assault by en- congratulating Bear Village and Keith and HON. MICHAEL C. BURGESS suring that DNA evidence is used to identify Lynn Denny for winning this prestigious award. OF TEXAS perpetrators and bring them to justice. Addi- f IN THE HOUSE OF REPRESENTATIVES tionally, it will provide servicemembers who Wednesday, October 19, 2005 are raped with the necessary medical care. RECOGNIZING THE DISTINGUISHED As our soldiers are fighting for those who SERVICE OF CHARLES W. PERKINS Mr. BURGESS. Mr. Speaker, I rise today to have long been denied basic rights, we should congratulate the Dallas/Ft. Worth International do everything possible to ensure that we are HON. DARRELL E. ISSA Airport for receiving a ‘‘Star ofEnergy Effi- protecting their rights, too. OF CALIFORNIA ciency’’ Award from the Alliance to Save En- f IN THE HOUSE OF REPRESENTATIVES ergy. DFW won the award for its aggressive pursuit and corporate commitment to the effi- HONORING CLARENCE S. HAINES Wednesday, October 19, 2005 cient and environmentally friendly use of en- Mr. ISSA. Mr. Speaker, I rise today to honor ergy. HON. DALE E. KILDEE Firefighter Charles W. ‘‘Chuck’’ Perkins for his Dallas/Ft. Worth International Airport cur- OF MICHIGAN twenty-three years of dedicated service to the rently serves more than 59 million passengers IN THE HOUSE OF REPRESENTATIVES North County Fire Protection District and his and offers 2,300 flights a day to 152 domestic commitment to serving his community. and international destinations. DFW has faced Wednesday, October 19, 2005 Chuck Perkins and his fellow firefighters daunting challenges since 2001, including a Mr. KILDEE. Mr. Speaker, I rise before you from the North County Fire Protection District catastrophic business downturn in the airlines today on behalf of C.S. Mott Community Col- have served the Fallbrook, Bonsall and Rain- precipitated by terrorist attacks in New York, lege located in my hometown of Flint, Michi- bow areas with honor since the district was Pennsylvania and Washington, DC, and the gan. On October 24, members of Mott’s ad- chartered in 1925. Classified an ‘‘all-risk’’ fire, Environmental Protection Agency’s introduc- ministration, faculty, staff, and student body rescue and hazard mitigation agency, it serves tion of stringent national ambient clean air

VerDate Aug 31 2005 05:17 Oct 20, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A19OC8.021 E19OCPT1 E2128 CONGRESSIONAL RECORD — Extensions of Remarks October 19, 2005 ozone standards that require DFW to reduce Whereas, Paul and Sharon Boczek have are paying mightily for it. Since 2001, ac- its emissions by 70 percent. Throughout this selflessly given to support Peg’s House, the cording to Public Citizen, the largest 5 oil period, and long before, DFW officials have Tri-County Help Center’s emergency domestic companies operating in the United States en- joyed after-tax profits of $254 billion. campaigned aggressively to reduce operating violence shelter; and There are things Congress can do. One expenses for all its tenants through reduced Whereas, Paul and Sharon Boczek and would be to pass H.R. 2070, the Gas Price energy use while adhering to new EPA guide- their staff have conducted themselves with Spike Act of 2005. This bill, which I intro- lines. professionalism in maintaining the confiden- duced with 39 cosponsors, would implement a From building commissioning and energy tiality of the shelter and managing the upkeep windfall profit tax on gasoline and diesel. retrofits, to more efficient building design and of Peg’s House; and Such a tax would be imposed on key oil in- adherence to strict energy codes, DFW has Whereas, Paul and Sharon Boczek pursue dustry profits above a reasonable rate of re- turn. If oil companies are collecting exces- reduced its energy use at the central plant by this noble labor without expectation of thanks sive profits on the backs of consumers, they over one fourth, and is energy use per square or reward, but out of the pure kindness of their should be subject to a stiff tax on those ex- foot by almost 40 percent. This has resulted in hearts. cessive profits. The threat of heavy taxation a total avoided energy use of 25 million Therefore, I join with family, friends and the will send a clear signal to oil companies that MMBtus. In addition, nitrous oxide emissions entire 18th Congressional District of Ohio in price gouging, and shorting supply, will not are expected to be reduced by 86 percent, far congratulating Paul and Sharon Boczek for pay. In addition, H.R. 2070 will direct the rev- exceeding the EPA mandate. winning this prestigious award. enue from the windfall profits tax to Ameri- Mr. Speaker, it is with great honor that I f cans who buy ultra efficient cars made in stand here today to congratulate Dallas/Ft. America. These individuals would receive a Worth International Airport, my home airport, PETROLEUM REFINERIES: WILL $6000 tax credit. The credit would be phased for setting an unprecedented example as a RECORD PROFITS SPUR INVEST- in, and cars that achieved 65 miles per gallon world leader in energy and environmental MENT IN NEW DOMESTIC CAPAC- would receive a full tax credit. Today aver- stewardship within the airline transportation in- ITY? age cars get less than 30 miles per gallon. dustry. This tax credit will stimulate the market in ultra efficient vehicles. f HON. DENNIS J. KUCINICH Lastly, the bill makes funding available to regional transit authorities to offset signifi- TAIWAN NATIONAL DAY OF OHIO IN THE HOUSE OF REPRESENTATIVES cantly reduced mass transit fares during times of gas price spikes. Providing low-cost HON. JOHN ABNEY CULBERSON Wednesday, October 19, 2005 mass transit will slow demand for gas and ease the price of gasoline, benefiting all OF TEXAS Mr. KUCINICH. Mr. Speaker, I would like to Americans. IN THE HOUSE OF REPRESENTATIVES submit the following statement for the f Wednesday, October 19, 2005 RECORD. ‘‘Will Record Profits spur investment in CONGRATULATING FORMER Mr. CULBERSON. Mr. Speaker, today I new domestic capacity?’’ That is the title of CONGRESSMAN JOSEPH HOEFFEL want to congratulate the people of Taiwan on this hearing. In a competitive market, the the occasion of their National Day. question would not be worth asking in Con- Taiwan serves as a prosperous and demo- gress. There would be no doubt about the an- HON. ALLYSON Y. SCHWARTZ OF PENNSYLVANIA cratic model to countries around the world and swer. IN THE HOUSE OF REPRESENTATIVES I would like to personally congratulate Taiwan But the petroleum refining industry is not for its dedication to democracy and the rule of a competitive market. Ten companies con- Wednesday, October 19, 2005 trol 80 percent of the refining capacity, and law. Its 23 million people enjoy the privileges just 5 companies control half of the Nation’s Ms. SCHWARTZ of Pennsylvania. Mr. of a balanced judicial system, free speech, capacity all by themselves. Speaker, Joseph Hoeffel honorably rep- and fair elections. Its vibrant free market sys- Since 1981, the concentration of refining resented Pennsylvania’s 13th Congressional tem continues to thrive and supports a strong capacity supply in fewer and fewer hands has district for 6 years. And, on October 16, I and healthy economy. Taiwan is a strong re- increased. Mergers and acquisitions have proudly joined with area Democrats in naming gional ally and a close friend of the United fueled industry concentration. The result is Joe the ‘‘Montgomery County Democrat of the States and is committed to maintaining peace astonishing: Year.’’ and stability. Operable capacity stopped rising in 1981, as As a lifelong resident of Montgomery Coun- it had for the previous 30 years. To help us celebrate the momentous ac- Instead, it went into decline, before it ty, Joe was elected in 1976 to the first of four complishments of our friends in Taiwan, I urge plateauing. For the past 20 years, capacity terms in the Pennsylvania State House, rep- my colleagues here in Congress to support has been held relatively constant. resenting the Abington area until 1984, where Taiwan’s bid to return to the United Nations. It Economics 101 teaches that rising demand he worked on budget and government reform, is truly shameful that Taiwan has been denied meets constant supply at higher and higher economic development and programs for sen- its proper international role and presence. prices. We can be confident that the industry iors. In 1991, Joe was elected to the first of There is no better way to show our respect for is familiar with that economics lesson, and two terms as Montgomery County Commis- Taiwan’s democratic ideals than to support its they have profited handsomely as a result. sioner where he fought for open space preser- The question we should address is why bid to return to the international community. It should the U.S. Government continue to per- vation, community revitalization and reforms of is an objective fact that Taiwan is a free and mit an anti-competitive environment that patronage and pay-to-play abuses in the independent nation, and therefore meets all enables a few companies to rein in supply courthouse. the criteria for admission to the United Na- and drive up record profits? In 1996, Joe ran for the U.S. House of Rep- tions. I am sure that we will hear from the indus- resentatives, challenging a freshman incum- I am confident Taiwan will continue to serve try a lot about onerous environmental regu- bent and losing by just 84 votes. However, he as a model to its neighbors and I praise its lations. They want the public to believe that returned to the campaign trail in 1998 and was commitment to democracy, the rule of law, they would have built more refineries if only successful—earning the opportunity to rep- they’d been allowed to do it. resent the 13th district in the 106th, 107th, and regional stability. Congratulations Taiwan Not only is that not true, but it is a on your National Day. smokescreen. The industry hasn’t tried but and 108th Congresses. Joe campaigned on a f once in 25 years to build a new refinery. Yet, platform of creating jobs, bettering our public between 1994 and 2004, they closed 30 refin- school system, expanding access to health CONGRATULATING PAUL AND eries. On balance, they have been closing re- care, balancing the Federal budget, and en- SHARON BOCZEK FOR WINNING fineries, not trying to open new ones. Closing suring that we have a robust foreign policy. THE 2005 PEACEKEEPER’S AWARD refineries tightens supply, driving up prices During his tenure, Joe fulfilled many cam- when demand is rising. That is exactly what paign promises. He authored various pieces of has happened, and they’ve made record prof- legislation to better the 13th district and the HON. ROBERT W. NEY its. OF OHIO If there were no environmental regula- Nation, including bills to create a veterans’ IN THE HOUSE OF REPRESENTATIVES tions, the industry would have to invent cemetery at Valley Forge, to eliminate waste- ful corporate welfare, to reform Federal sup- Wednesday, October 19, 2005 them or something equivalent in order to disguise a corporate strategy to hold down port for public schools and to establish a pa- Mr. NEY. Mr. Speaker: supply. That is the real issue and Americans tients’ bill of rights.

VerDate Aug 31 2005 05:17 Oct 20, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A19OC8.026 E19OCPT1 October 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2129 At home, Joe was a constant figure through- unattributed quote, ‘‘We owe them—and we been called one of Palm Beach County’s out the community. He was intimately involved owe ourselves—a better country.’’ It was so ‘‘movers and shakers.’’ in bringing a public health center to Norristown true, for Jones and her cohorts, and it is so I have had the privilege of representing the and establishing the Center for Sustainable true, for the children of poverty and depressed residents of Boca Raton and Palm Beach Communities at Temple University-Ambler. schools, for the working poor who are losing County since 1992. As a Member of Congress Additionally, he secured Federal funds for the ground, and for the anonymous challengers to representing a new area, it was an easy tran- Schuylkill Valley Metro, Title I education, river- glass ceilings who are themselves broken for sition the day I first met Mike. Mike took pre- front development in Norristown and Northeast trying to climb to higher altitudes. Blessed are cious time introducing me around the Boca Philadelphia, the Montgomery County Commu- those whose courage moves us to make the Raton business community. nity College and the Abington Arts Center. ultimate commitments. The many relationships and support I have From his seat on the International Relations f today is a direct result of Mike’s support. Committee, Joe also advocated for the United Every two years constituents of Florida’s States to play an active role in international ef- CONGRATULATING CHIEF MARTIN 22nd Congressional District travel to Wash- forts to bring peace to the Middle East and KENDZORA FOR WINNING THE ington and participate in my District Fly-In. The throughout the world. 2005 PEACEKEEPER’S AWARD Fly-In provides my constituents with a first- Joe’s reputation as a hard-working legislator hand look at the inner workings of the Con- and an outspoken, progressive Democrat will HON. ROBERT W. NEY gress and our federal government. I appre- not be forgotten. I know many of my col- OF OHIO ciate Mike’s longstanding support of these leagues continue to rely on Joe’s guidance IN THE HOUSE OF REPRESENTATIVES events during the planning and implementation and advice and wish him well in his new en- process. His assistance has made these Fly- Wednesday, October 19, 2005 deavors. In events a tremendous success. Mr. Speaker, on behalf of all of my col- Mr. NEY. Mr. Speaker: Although Mike will step aside from leading leagues here in Congress I again want to con- Whereas, Martin Kendzora and the St. the Boca Raton Chamber, we know his activi- gratulate Joe Hoeffel on being recognized as Clairsville Police Department continue to as- ties and commitment to Boca Raton and the Montgomery County’s Democrat of the Year. sist the Tri-County Help Center combat do- South Florida business community remain a Although his service in Congress has come to mestic violence; and top priority. an end, I know Joe will continue to work on Whereas, Martin Kendzora supports the I Mr. Speaker, it gives me great pleasure to behalf of the people of Montgomery County, Family Visitation Center and worked with the call Mike Arts my friend. I wish Mike and his Pennsylvania, and our Nation for many years staff there to develop safety plans; and lovely wife, Catherine, much happiness and to come. Whereas, Martin Kendzora has been the good health as they complete this chapter in f consummate professional in dealing with the their partnership and look for new challenges staff and clients of the Tri-County Help Center. and opportunities in the future. I thank my col- CELEBRATING THE LIFE OF Therefore, I join with family, friends and the leagues for allowing me to bring to the atten- VIVIAN MALONE JONES entire 18th Congressional District of Ohio in tion of the House the outstanding service of congratulating Chief Martin Kendzora for win- Mike Arts. HON. ARTUR DAVIS ning this prestigious award. f OF ALABAMA f HONORING THE ACCOMPLISH- IN THE HOUSE OF REPRESENTATIVES IN RECOGNITION OF THE SERVICE MENTS OF JO ANN MITTENBERG, Wednesday, October 19, 2005 OF MR. M.J. ‘‘MIKE’’ ARTS NEW YORK STATE’S AMERICAN Mr. DAVIS of Alabama. Mr. Speaker, I rise STAR OF TEACHING HONOREE today to offer a tribute to Vivian Malone HON. E. CLAY SHAW, JR. Jones. OF FLORIDA HON. STEVE ISRAEL It is my generation’s tragedy that so few of IN THE HOUSE OF REPRESENTATIVES OF NEW YORK us knew the name of Vivian Malone Jones. It Wednesday, October 19, 2005 IN THE HOUSE OF REPRESENTATIVES is a cruel twist of history that George Wal- lace’s ‘‘stand in the schoolhouse door’’ is itself Mr. SHAW. Mr. Speaker, I rise today to pay Wednesday, October 19, 2005 a vivid memory but that the protagonists of the tribute to a friend and a fixture within the Mr. ISRAEL. Mr. Speaker, I rise today to event—the ones being stood against—were Greater Boca Raton Chamber of Commerce. celebrate the accomplishments of Jo Ann off site and out of view. On Friday, October 21, 2005, after twenty Mittenberg, who was recognized in September Vivian Malone Jones died too young last years at the helm, Mike Arts retires as Presi- by the U.S. Department of Education as the week at age 63. In prose, she was the first dent of the Greater Boca Raton Chamber of American Star of Teaching honoree from New black American to earn a degree from the Uni- Commerce. Throughout his tenure, Mike’s York State. This exceptional honor goes annu- versity of Alabama. In poetry, she was proof of leadership cut a path of economic growth and ally to one exemplary teacher from each state. the power of dignified commitment, and was a prosperity transforming his home community, Ms. Mittenberg has taught math for over 27 trailblazer to young black women my mother’s Boca Raton. years and has been a teacher in the Farming- age, whose own dreams seemed more attain- In 1985, Mike took the reigns of the Cham- dale Union Free School district for over 14 able when they contemplated her boldness. ber and faced an daunting task. The Greater years. Her colleagues describe her as a ‘‘gift- Part of Jones’ current anonymity was based Boca Raton Chamber of Commerce was deal- ed, caring, tireless, dedicated person with a on the choice she made to forge a conven- ing with the loss of 10,000 IBM jobs, an inac- superb mathematical background and extraor- tional career as a government employee, rath- tive membership and a fledgling downtown de- dinary teaching skills.’’ er than as a traveling icon of the civil rights velopment plan. Over the years, Ms. Mittenberg has taught era. She did not frequent the reenactments, Today, thanks to Mike’s leadership, the Sequential I, II and III Mathematics, Grade 8 the marches, or the annual seminars revisiting Chamber enjoys a membership of 1,800 mem- Math, Grade 8 Remedial Math, Regents Com- the sixties, and I never recall her weighing in bers, the largest business organization in petency Math, Pre-Calculus Syracuse Univer- on whether the war in Iraq was unjust or Palm Beach and Broward counties. The suc- sity Calculus Program and C.W. Post SCALE whether a Supreme Court nominee should be cess of the Boca Raton Chamber has been at Calculus for college credit. Additionally, she confirmed. the center of making the City of Boca Raton, has taught computer programming, computer But these choices of when and where to the envy of municipalities throughout Florida. literacy, SAT preparation, and GED prepara- cast her influence were hers, and they were Mike’s involvement reaches far beyond tion courses. One of Ms. Mittenberg’s most noble and worthy of respect. And the value Boca Raton. Mike has served as President of impressive successes in the classroom has Vivian Malone Jones put on respecting the Florida Chamber of Commerce Executives been helping ninth graders with disabilities choices meant that I never heard her offer and as a member of the United States Cham- pass state Regents exams with a 90 percent those facile denigrations of the caliber of this ber of Commerce. Mike has also supported a success rate. generation’s African American leaders. regional business approach that has led South Ms. Mittenberg’s dedication to providing My last memory of Jones is the Newsweek Florida to become a national and international Long Island students with a strong math edu- cover the week she registered at the Univer- leader in transportation and international trade. cation doesn’t end in the classroom. She sity of Alabama. The cover featured the As a result of this progressive vision, Mike has works hard to ensure that her colleagues are

VerDate Aug 31 2005 05:17 Oct 20, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A19OC8.031 E19OCPT1 E2130 CONGRESSIONAL RECORD — Extensions of Remarks October 19, 2005 trained in the most innovative teaching tech- eos and interactive computers along with ris, a veteran of World War II and distin- niques. As a certified Texas Instruments T- audio tapes bring the past to reality. guished Air Force pilot. I would also like to ex- Fast (Technology for All Students) instructor, On behalf of the people of the 11th Con- tend my deepest sympathies to his family and Ms. Mittenberg trains other teachers to use gressional District I celebrate the opening of friends for their loss. General Morris passed the Maltz Museum of Jewish Heritage. This the newest, most advanced calculators. Over away on August 22, 2005, and will be interred museum will serve as a link to connect all the years, she has taught almost 200 hours of at Arlington National Cemetery on October 21, in-service and professional development work- people of all religions in the pursuit of knowl- 2005. shops. edge of Jewish religious history and its impact I am proud to have nominated Ms. on our community. General Morris joined the U.S. Army Air Mittenberg for this prestigious and well-de- f Corps as an aviation cadet and was commis- served honor. We have heard time and again sioned as a Second Lieutenant in 1942. Dur- CONGRATULATING MARY GRAHAM the importance of math and science in the FOR WINNING THE 2005 PEACE- ing the war, he served as a combat pilot in classroom. Long Islanders can be proud that KEEPER’S AWARD both the European and Pacific Theaters. He teachers like Jo Ann Mittenberg are teaching flew 66 missions flying B–26, B–25 and A–26 their children skills they need to be successful aircraft supporting Allied Forces over North Af- in tomorrow’s world. HON. ROBERT W. NEY OF OHIO rica, Europe, China and Japan. f IN THE HOUSE OF REPRESENTATIVES Following World War II he transferred to the IN CELEBRATION OF THE OPENING Wednesday, October 19, 2005 newly formed U.S. Air Force and soon be- OF THE MALTZ MUSEUM OF Mr. NEY. Mr. Speaker: came a jet pilot with certification to fly the F– JEWISH HERITAGE Whereas, Mary Graham founded the Bel- 111. Throughout the rest of his 30-year ca- mont County Domestic Violence Taskforce reer, General Morris served in various over- HON. STEPHANIE TUBBS JONES while working for the Belmont County Sheriff’s seas commands as well as at home with the OF OHIO Office; and Joint Chiefs of Staff. He retired in a military Whereas, Mary Graham was a significant IN THE HOUSE OF REPRESENTATIVES service at the Pentagon in 1971. asset in developing new protocols for local law Wednesday, October 19, 2005 enforcement when responding to domestic vio- Although he retired from service over three decades ago, his contributions to the defense Mrs. JONES of Ohio. Mr. Speaker, I rise to lence; and of our Nation are still evident. In the 1960’s, commemorate the newly opened Maltz Mu- Whereas, Mary Graham has continued in seum of Jewish Heritage. I was truly honored her steadfast devotion to fighting domestic vio- he worked on the Air Force’s initial efforts at to be a part of this legendary event in my lence after her retirement by serving on the mass computer record keeping and data proc- Congressional District. The Maltz Museum will Board of Directors of the Tri-County Help Cen- essing. Though primitive, those early pro- serve as an extension of the highly prized col- ter and remaining with the Sheriff’s Office on grams fostered the technology revolution that lection of religious objects in the Temple- retainer. has forever changed our Nation. Therefore, I join with family, friends and the Tifereth in Beachwood, Ohio. entire 18th Congressional District of Ohio in General Morris was the recipient of numer- The creation of the museum was made pos- congratulating Mary Graham for winning this ous decorations including the Distinguished sible through the efforts of Milton and Tamar prestigious award. Flying Cross, Air Medal and the Joint Service Maltz, the creators of the International Spy Museum in Washington, DC. They convinced f Commendation Medal. He will be greatly missed by his friends and family and today I the Temple-Tifereth that they needed a mu- TRIBUTE TO MAJOR GENERAL seum to showcase their religious antiques, FREDERICK E. MORRIS want to honor his contributions to our entire and provide a better accessible building for a Nation. more diverse array of people. HON. JOHN L. MICA The Maltz Museum tells the history of the OF FLORIDA Jewish people of Cleveland and of those IN THE HOUSE OF REPRESENTATIVES abroad. The museum uses photographic ex- hibits to tell their stories on religion, immigra- Wednesday, October 19, 2005 tion, the Jewish contribution to Broadway, and Mr. MICA. Mr. Speaker, it is my honor to the unforgettable events of the Holocaust. Vid- pay tribute to Major General Frederick E. Mor-

VerDate Aug 31 2005 05:17 Oct 20, 2005 Jkt 049060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A19OC8.035 E19OCPT1 October 19, 2005 CONGRESSIONAL RECORD — Extensions of Remarks E2131 SENATE COMMITTEE MEETINGS the National Credit Union Administra- tain tribes in the State of Montana to tion Board. enter into a lease or other temporary Title IV of Senate Resolution 4, SD–538 conveyance of water rights to meet the agreed to by the Senate on February 4, Energy and Natural Resources water needs of the Dry Prairie Rural 1977, calls for establishment of a sys- To hold hearings to examine S. 1829, to Water Association, Inc. tem for a computerized schedule of all repeal certain sections of the Act of SR–485 meetings and hearings of Senate com- May 26, 1936, pertaining to the Virgin 10 a.m. mittees, subcommittees, joint commit- Islands, S. 1830, to amend the Compact Energy and Natural Resources of Free Association Amendments Act To hold hearings to examine Administra- tees, and committees of conference. of 2003, and S. 1831, to convey certain tion’s response to hurricane recovery This title requires all such committees submerged land to the Commonwealth to notify the Office of the Senate Daily of the Northern Mariana Islands. efforts related to energy and to discuss Digest—designated by the Rules Com- SD–366 energy policy. SD–366 mittee—of the time, place, and purpose Appropriations Agriculture, Nutrition, and Forestry of the meetings, when scheduled, and Interior and Related Agencies Sub- committee Forestry, Conservation, and Rural Revital- any cancellations or changes in the To hold hearings to examine oil and gas ization Subcommittee meetings as they occur. activities by the Bureau of Land Man- To hold an oversight hearing to examine As an additional procedure along agement including impact of recently the Forest and Rangeland Research with the computerization of this infor- passed energy legislation. Program of the USDA Forest Service. mation, the Office of the Senate Daily SD–124 SR–328A Digest will prepare this information for 2:30 p.m. Homeland Security and Governmental Af- NOVEMBER 1 printing in the Extensions of Remarks fairs 2:30 p.m. section of the CONGRESSIONAL RECORD Federal Financial Management, Govern- on Monday and Wednesday of each ment Information, and International Judiciary week. Security Subcommittee To hold hearings to examine pending To hold hearings to examine setting pri- nominations. Meetings scheduled for Thursday, Oc- SD–226 tober 20, 2005 may be found in the Daily orities in Federal spending in the con- text of natural disaster, deficits and Digest of today’s RECORD. war, focusing on funding wasteful and NOVEMBER 2 ineffective programs. 2 p.m. MEETINGS SCHEDULED SD–342 Energy and Natural Resources Public Lands and Forests Subcommittee OCTOBER 25 OCTOBER 26 To hold hearings to examine S. 1541, to 9 a.m. 9 a.m. protect, conserve, and restore public Judiciary Judiciary land administered by the Department To hold hearings to examine U.S.-Saudi To hold hearings to examine the Stream- of the Interior or the Forest Service Arabia relations relating to the war on lined Procedures Act relating to Ha- and adjacent land through cooperative terror. beas Reform. cost-shared grants to control and miti- SD–226 SD–226 gate the spread of invasive species, S. 9:30 a.m. 9:30 a.m. 1548, to provide for the conveyance of Armed Services Indian Affairs certain Forest Service land to the city To hold hearings to examine the nomina- To hold an oversight hearing to examine of Coffman Cove, Alaska, S. 1552, to In Re Tribal Lobbying Matters, Et Al. tions of John J. Young, Jr., of Virginia, amend Public Law 97–435 to extend the SH–216 to be Director of Defense Research and authorization for the Secretary of the 10:30 a.m. Engineering, Department of Defense, Interior to release certain conditions Judiciary Dorrance Smith, of Virginia, to be As- contained in a patent concerning cer- sistant Secretary of Defense for Public Terrorism, Technology and Homeland Se- tain land conveyed by the United Affairs, Delores M. Etter, of Maryland, curity Subcommittee States to Eastern Washington Univer- to be Assistant Secretary of the Navy To hold hearings to examine emergency sity until December 31, 2009, and H.R. for Research, Development and Acqui- preparedness relating to terrorism. sition, General Burwell B. Bell, III, SD–226 482, to provide for a land exchange in- USA, for reappointment to the grade of 2 p.m. volving Federal lands in the Lincoln general and to be Commander, United Energy and Natural Resources National Forest in the State of New Nations Command/Combined Forces Public Lands and Forests Subcommittee Mexico. Command, and Commander, United To hold hearings to examine the imple- SD–366 States Forces Korea, and Lieutenant mentation of the Federal Lands Recre- General Lance L. Smith, USAF, for ap- ation Enhancement Act (P.L. 108–447), NOVEMBER 3 pointment to the grade of general and by the Forest Service and the Depart- 10 a.m. to be Commander, United States Joint ment of the Interior. Energy and Natural Resources Forces Command and Supreme Allied SD–366 To hold hearings to examine a status re- 2:30 p.m. Commander Transformation. port on the Environmental Protection Judiciary SD–106 Management programs of the Depart- Administrative Oversight and the Courts Foreign Relations ment of Energy. Subcommittee To hold hearings to examine the nomina- SD–366 tions of Ellen R. Sauerbrey, of Mary- To hold hearings to examine proposals to split the Ninth Circuit. land, to be Assistant Secretary of NOVEMBER 8 State for Population, Refugees, and Mi- SD–226 gration, and Jeffrey Thomas Bergner, 10 a.m. of Virginia, to be Assistant Secretary OCTOBER 27 Energy and Natural Resources of State for Legislative Affairs. 9:30 a.m. To hold hearings to examine the progress SD–419 Indian Affairs made on the development of interim 10 a.m. Business meeting to consider S. 1057, to and long-term plans for use of fire re- Banking, Housing, and Urban Affairs amend the Indian Health Care Improve- tardant aircraft in Federal wildfire To hold hearings to examine the nomina- ment Act to revise and extend that suppression operations. tions of Matthew Slaughter, of New Act, S. 1003, to amend the Act of De- SD–366 Hampshire, and Katherine Baicker, of cember 22, 1974, S. 692, to provide for 2:30 p.m. New Hampshire, each to be a Member the conveyance of certain public land Agriculture, Nutrition, and Forestry of the Council of Economic Advisers, in northwestern New Mexico by resolv- Research, Nutrition, and General Legisla- Orlando J. Cabrera, of Florida, to be an ing a dispute associated with coal pref- tion Subcommittee Assistant Secretary of Housing and erence right lease interests on the To hold hearings to examine the Pet Ani- Urban Development, and Gigi Hyland, land, a proposed bill to extend the stat- mal Welfare Statute. of Virginia, and Rodney E. Hood, of ute of limitations for breach of trust SR–328A North Carolina, each to be a Member of claims, and S. 1219, to authorize cer-

VerDate Aug 31 2005 05:17 Oct 20, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\M19OC8.000 E19OCPT1 E2132 CONGRESSIONAL RECORD — Extensions of Remarks October 19, 2005 CANCELLATIONS liability proposals on environmental NOVEMBER 1 laws. 9:30 a.m. OCTOBER 25 SD–406 Judiciary 10:30 a.m. 9:30 a.m. To hold hearings to examine Department Environment and Public Works Judiciary of Justice and the Weapons of Mass De- Superfund and Waste Management Sub- To hold hearings to examine grand jury struction Commission Recommenda- committee reform. tions. To hold an oversight hearing on the im- SD–226 SD–226 pact of certain government contractor

VerDate Aug 31 2005 05:17 Oct 20, 2005 Jkt 049060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\M19OC8.000 E19OCPT1 Wednesday, October 19, 2005 Daily Digest Senate ices at the park, with amendments. (S. Rept. No. Chamber Action 109–151) Routine Proceedings, pages S11503–S11599 S. 1238, to amend the Public Lands Corps Act of Measures Introduced: Eleven bills and three reso- 1993 to provide for the conduct of projects that pro- lutions were introduced, as follows: S. 1887–1897, S. tect forests, with amendments. (S. Rept. No. Res. 280–281, and S. Con. Res. 59. Page S11559 109–152) Measures Reported: S. 1627, to authorize the Secretary of the Interior to conduct a special resources study to evaluate re- S. 206, to designate the Ice Age Floods National sources along the coastal region of the State of Dela- Geologic Trail, with an amendment in the nature of ware and to determine the suitability and feasibility a substitute. (S. Rept. No. 109–144) of establishing a unit of the National Park System S. 242, to establish 4 memorials to the Space in Delaware. (S. Rept. No. 109–153) Shuttle Columbia in the State of Texas, with an H.R. 126, to amend Public Law 89–366 to allow amendment in the nature of a substitute. (S. Rept. for an adjustment in the number of free roaming No. 109–145) horses permitted in Cape Lookout National Seashore. S. 584, to require the Secretary of the Interior to (S. Rept. No. 109–154) allow the continued occupancy and use of certain H.R. 539, to designate certain National Forest land and improvements within Rocky Mountain Na- System land in the Commonwealth of Puerto Rico tional Park, with an amendment in the nature of a as components of the National Wilderness Preserva- substitute. (S. Rept. No. 109–146) tion System. (S. Rept. No. 109–155) S. 652, to provide financial assistance for the reha- H.R. 584, to authorize the Secretary of the Inte- bilitation of the Benjamin Franklin National Memo- rior to recruit volunteers to assist with, or facilitate, rial in Philadelphia, Pennsylvania, and the develop- the activities of various agencies and offices of the ment of an exhibit to commemorate the 300th anni- Department of the Interior. (S. Rept. No. 109–156) versary of the birth of Benjamin Franklin. (S. Rept. No. 109–147) H.R. 606, to authorize appropriations to the Sec- retary of the Interior for the restoration of the Angel S. 895, to direct the Secretary of the Interior to Island Immigration Station in the State of California. establish a rural water supply program in the Rec- (S. Rept. No. 109–157) Page S11558 lamation States to provide a clean, safe affordable, and reliable water supply to rural residents, with an Measures Passed: amendment in the nature of a substitute. (S. Rept. Federal Leave Transfer Program: Senate passed No. 109–148) S. 1736, to provide for the participation of employ- S. 955, to direct the Secretary of the Interior to ees in the judicial branch in the Federal leave trans- conduct a special resource study to determine the fer program for disasters and emergencies. suitability and feasibility of including in the Na- Page S11595 tional Park System certain sites in Williamson Supporting Lights On Afterschool: Senate agreed County, Tennessee, relating to the Battle of Frank- to S. Res. 280, supporting ‘‘Lights On Afterschool’’, lin, with an amendment. (S. Rept. No. 109–149) a national celebration of after school programs. S. 958, to amend the National Trails System Act Page S11595 to designate the Star-Spangled Banner Trail in the States of Maryland and Virginia and the District of Honoring James Patrick Rohan: Senate agreed to Columbia as a National Historic Trail, with amend- S. Res. 281, honoring and thanking James Patrick ments. (S. Rept. No. 109–150) Rohan. Page S11596 S. 1154, to extend the Acadia National Park Ad- Foster Care Maintenance Payments: Senate visory Commission, to provide improved visitor serv- passed S. 1894, to amend part E of title IV of the D1053

VerDate Aug 31 2005 05:11 Oct 20, 2005 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D19OC5.REC D19OCPT1 D1054 CONGRESSIONAL RECORD — DAILY DIGEST October 19, 2005 Social Security Act to provide for the making of fos- Pending: ter care maintenance payments to private for-profit Reed Amendment No. 2077, to provide for ap- agencies. Pages S11596–97 propriations for the Low-Income Home Energy As- State High Risk Pool Funding Extension: Senate sistance Program. Pages S11521–26 passed H.R. 3204, to amend title XXVII of the Subsequently, a point of order was raised that the Public Health Service Act to extend Federal funding emergency designation contained in Reed Amend- for the establishment and operation of State high ment No. 2077 (listed above), violated Section 402 risk health insurance pools, after agreeing to the fol- of H. Con. Res. 95, Congressional Budget for Fiscal lowing amendment proposed thereto: Pages S11597–98 Year 2006; and a motion to waive was then offered. McConnell (for Enzi) Amendment No. 2142, in Page S11525 the nature of a substitute. Page S11598 Dorgan Amendment No. 2133, to restrict enforce- Transportation/Treasury/HUD Appropriations: ment of the Cuban Assets Control Regulations with Senate continued consideration of H.R. 3058, mak- respect to travel to Cuba. Pages S11526–29 ing appropriations for the Departments of Transpor- During consideration of this measure today, Senate tation, Treasury, and Housing and Urban Develop- also took the follow action: ment, the Judiciary, District of Columbia, and inde- By 47 yeas to 51 nays (Vote No. 257), three-fifths pendent agencies for the fiscal year ending Sep- of those Senators duly chosen and sworn, not having tember 30, 2006, taking action on the following voted in the affirmative, Senate rejected the motion amendments proposed thereto: Pages S11512–55 to waive section 403(b)(1) of H. Con. Res. 95 of the Adopted: 109th Congress, with respect to Kennedy Further Bond Amendment No. 2113, to limit the avail- Modified Amendment No. 2063, to provide for an ability of funds under this Act for use in paying for increase in the Federal minimum wage. Subse- eminent domain activities. Pages S11512–16 quently, the point of order that the amendment con- Harkin Amendment No. 2076, to provide that no stitutes an unfunded mandate was sustained, and the funds may be used to provide assistance under sec- amendment thus fell. Pages S11529–45, S11547 tion 8 of the United States Housing Act of 1937, By 42 yeas to 57 nays (Vote No. 258), three-fifths to certain students at institutions of higher edu- of those Senators duly chosen and sworn, not having cation. Pages S11549–50 voted in the affirmative, Senate rejected the motion Bond (for Collins) Amendment No. 2070, to re- to waive section 403(b)(1) of H. Con. Res. 95 of the peal the increased micropurchase threshold. 109th Congress, with respect to Enzi Amendment Page S11550 No. 2115, to promote job creation, and small busi- Bond (for Akaka/Bingaman) Modified Amendment ness preservation in the adjustment of the Federal No. 2101, to provide for an Internal Revenue Service minimum wage. Subsequently, the point of order report regarding tax refund procedures and practices. that the amendment constitutes an unfunded man- Page S11550 date was sustained, and the amendment thus fell. Bond (for Boxer) Amendment No. 2139, to ensure that proper precautions are taken by airports and air Pages S11547–48 carriers to recognize and prevent the spread of avian By 44 yeas to 54 nays (Vote No. 259), two-thirds of those Senators duly chosen and sworn, not having flu. Page S11550 Bond (for Inhofe) Modified Amendment No. voted in the affirmative, Senate rejected the motion 2073, to make available funds for ARAC operation to suspend paragraph 4, Rule XVI, pursuant to no- and maintenance at Fort Sill, Oklahoma. tice previously given in writing, relative to Dorgan Pages S11550–51 Amendment No. 2078, to establish a special com- Bond (for Stabenow) Amendment No. 2140, to mittee of the Senate on war and reconstruction con- provide additional funds to support programs estab- tracting. Subsequently, the Chair sustained the point lished under the LEGACY Act of 2003. Page S11551 of order that the amendment was in violation of Bond (for Craig) Modified Amendment No. 2072, Rule XVI of the Standing Rules of the Senate which to require the use of a sliding scale match ratio for prohibits legislation on appropriations matters, and certain transportation projects in the State of Idaho. the amendment thus fell. Pages S11545–49 Page S11551 Chair sustained the point of order against Dayton Murray Amendment No. 2141, to require the Amendment No. 2123, to prevent gas and oil United States Interagency Council on Homelessness gouging during natural disasters; that the amend- to conduct an assessment of guidance disseminated ment violated Rule XVI of the Standing Rules of by agencies for grantees of homeless assistance pro- the Senate which prohibits legislation on an appro- grams. Page S11552 priation bill. Pages S11551–52

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A unanimous-consent agreement was reached pro- Additional Statements: Page S11556 viding for further consideration of the bill at ap- Amendments Submitted: Pages S11579–94 proximately 9:30 a.m. on Thursday, October 20, 2005. Page S11598 Notices of Hearings/Meetings: Page S11594 Medicare Cost Sharing and Welfare Extension: Authority for Committees to Meet: Senate concurred in the amendments of the House to Pages S11594–95 the Senate amendment to H.R. 3971, to extend Privilege of the Floor: Page S11595 medicare cost-sharing for qualifying individuals Record Votes: Three record votes were taken today. through September 2007, to extend transitional (Total—259) Pages S11547, S11548–49 medical assistance and the program for abstinence education through December 2005, to provide un- Adjournment: Senate convened at 9:30 a.m., and employment relief for States and individuals affected adjourned at 6:55 p.m., until 9:30 a.m., on Thurs- by Hurricane Katrina, clearing the measure for the day, October 20, 2005. (For Senate’s program, see President. Page S11595 the remarks of the Acting Majority Leader in today’s Record on page S11599.) Signing Authority: A unanimous-consent agreement was reached providing that during the adjournment of the Senate, the Majority Leader and the junior Committee Meetings Senator from Oklahoma, be authorized to sign duly enrolled bills. Page S11595 (Committees not listed did not meet) Appointments: BUSINESS MEETING National Surface Transportation Policy and Committee on Agriculture, Nutrition, and Forestry: Com- Revenue Study Commission: The Chair, on behalf mittee completed its review of certain spending re- of the Democratic Leader, pursuant to Public Law ductions and revenue increases to meet reconciliation 109–59, Sec. 1909(b)(2)(A)(vi), appointed the fol- expenditures as imposed by H. Con. Res. 95, estab- lowing individuals to serve as members of the Na- lishing the congressional budget for the United tional Surface Transportation Policy and Revenue States Government for fiscal year 2006, revising ap- Study Commission: Francis McArdle of New York, propriate budgetary levels for fiscal year 2005, and and Tom R. Skancke of Nevada. Page S11595 setting forth appropriate budgetary levels for fiscal Messages From the President: Senate received the years 2007 through 2010, and agreed on rec- following message from the President of the United ommendations which it will make to the Committee States: on the Budget thereon. Transmitting, pursuant to law, a report relative to STEM CELL RESEARCH the continuation of the national emergency declared in Executive Order 12978 with respect to significant Committee on Appropriations: Subcommittee on Labor, narcotics traffickers centered in Colombia; which was Health and Human Services, Education, and Related referred to the Committee on Banking, Housing, Agencies concluded a hearing to examine the poten- and Urban Affairs. (PM–27) Page S11557 tial of stem cell and nuclear transplantation research, focusing on related provisions of S. 471, to amend Nominations Received: Senate received the fol- the Public Health Service Act to provide for human lowing nominations: embryonic stem cell research, H.R. 810, to amend Anne W. Patterson, of Virginia, to be an Assist- the Public Health Service Act to provide for human ant Secretary of State (International Narcotics and embryonic stem cell research, and S. 876, to prohibit Law Enforcement Affairs). human cloning and protect stem cell research, after 1 Air Force nomination in the rank of general. receiving testimony from Judith Gasson, University A routine list in the Army. Page S11599 of California, Comprehensive Cancer Center, Los An- Messages From the House: Page S11557 geles; Steven Teitelbaum, Washington University, Measures Referred: Page S11557 St. Louis, Missouri; John Wagner, University of Minnesota Medical School Stem Cell Institute, Min- Enrolled Bills Presented: Page S11557 neapolis; Rudolf Jaenisch, Massachusetts Institute of Executive Communications: Pages S11557–58 Technology, Cambridge; and Anthony Herrera, New Executive Reports of Committees: Pages S11558–59 York, New York. Additional Cosponsors: Pages S11559–61 BUSINESS MEETING Statements on Introduced Bills/Resolutions: Committee on Energy and Natural Resources: Committee Pages S11561–79 completed its review of certain spending reductions

VerDate Aug 31 2005 05:11 Oct 20, 2005 Jkt 049060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D19OC5.REC D19OCPT1 D1056 CONGRESSIONAL RECORD — DAILY DIGEST October 19, 2005 and revenue increases to meet reconciliation expendi- Also, Committee completed its review of certain tures as imposed by H. Con. Res. 95, establishing spending reductions and revenue increases to meet the congressional budget for the United States Gov- reconciliation expenditures as imposed by H. Con. ernment for fiscal year 2006, revising appropriate Res. 95, establishing the congressional budget for budgetary levels for fiscal year 2005, and setting the United States Government for fiscal year 2006, forth appropriate budgetary levels for fiscal years revising appropriate budgetary levels for fiscal year 2007 through 2010, and agreed on recommendations 2005, and setting forth appropriate budgetary levels which it will make to the Committee on the Budget for fiscal years 2007 through 2010, and agreed on thereon. recommendations which it will make to the Com- mittee on the Budget thereon. U.S.-IRAQ POLICY REPORTERS’ PRIVILEGE Committee on Foreign Relations: Committee concluded a hearing to examine United States foreign policy re- Committee on the Judiciary: Committee concluded a lating to Iraq, focusing on United States’ objectives hearing to examine issues and implications regarding and strategies to improve security, and advance po- reporters’ privilege legislation, focusing on S. 1419, litical development and economic progress in Iraq, to maintain the free flow of information to the pub- and to discuss the recent Constitutional referendum, lic by providing conditions for the federally com- and assess the enemies progress in Iraq, after receiv- pelled disclosure of information by certain persons ing testimony from Condoleezza Rice, Secretary of connected with the news media, after receiving testi- State. mony from Chuck Rosenberg, United States Attor- ney for the Southern District of Texas, Department NOMINATION of Justice; Judith Miller, The New York Times, and Committee on Foreign Relations: David Westin, ABC News, both of New York, New Committee concluded York; Joseph E. diGenova, diGenova & Toensing a hearing to examine the nomination of David M. LLP, Washington, D.C.; Anne K. Gordon, The Hale, of New Jersey, to be Ambassador to the Philadelphia Inquirer, Philadelphia, Pennsylvania; Hashemite Kingdom of Jordan, after the nominee Dale Davenport, The Patriot-News, Harrisburg, testified and answered questions in his own behalf. Pennsylvania; and Steven D. Clymer, Cornell Law BUSINESS MEETING School, Ithaca, New York. Committee on Health, Education, Labor, and Pensions: VIDEO COMPETITION Committee ordered favorably reported the business Committee on the Judiciary: Subcommittee on Anti- items: trust, Competition, and Business and Consumer S. 1873, to prepare and strengthen the biodefenses Rights concluded a hearing to examine video com- of the United States against deliberate, accidental, petition in 2005, focusing on the impact for con- and natural outbreaks of illness, with an amendment sumers of the acquisition of Adelphia by Comcast in the nature of a substitute; and and Time Warner, policies to ensure new competi- The nominations of Mark Hofflund, of Idaho, to tors in the video market, and the transformation in be a Member of the National Council on the Arts, the cable industry including new products and more Naomi Churchill Earp, of Virginia, and Christine M. choices as cable operators compete, after receiving Griffin, of Massachusetts, each to be a Member of testimony from Glenn A. Britt, Time Warner Cable, the Equal Employment Opportunity Commission, Stamford, Connecticut; Kyle McSlarrow, National Jan Cellucci, of Massachusetts, Sandra Frances Cable and Telecommunications Association, Walter Ashworth, of Idaho, and Diane Rivers, of Arkansas, B. McCormick, Jr., United States Telecom Associa- each to be a Member of the National Commission tion, Scott Cleland, Precursor, and Mark Cooper, on Libraries and Information Science, Bertha K. Ma- Consumer Federation of America, all of Washington, dras, of Massachusetts, to be Deputy Director for D.C.; Doron Gorshein, The America Channel, LLC, Demand Reduction, Office of National Drug Control Heathrow, Florida; and Peter D. Aquino, RCN Cor- Policy, Mark S. Schneider, of the District of Colum- poration, Herndon, Virginia. bia, to be Commissioner of Education Statistics, De- partment of Education, Bruce Cole, of Indiana, to be INTELLIGENCE Chairperson of the National Endowment for the Hu- Select Committee on Intelligence: Committee met in manities, and John O. Agwunobi, of Florida, to be closed session to receive a briefing on certain intel- Assistant Secretary of Health and Human Services ligence matters from officials of the intelligence for Health. community.

VerDate Aug 31 2005 05:11 Oct 20, 2005 Jkt 049060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D19OC5.REC D19OCPT1 October 19, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D1057 House of Representatives a qualified food product and weight gain, obesity, or Chamber Action any health condition that is associated with a per- Public Bills and Resolutions Introduced: 13 pub- son’s weight gain or obesity (by a recorded vote of lic bills, H.R. 4077–4089; and 3 resolutions, H. 67 ayes to 357 noes, Roll No. 529); Res. 501–503 were introduced. Pages H8985–86 Pages H8931–33, H8937 Additional Cosponsors: Page H8986 Filner amendment (No. 3 printed in H. Rept. 109–249) which sought to exempt those who are age Reports Filed: There were no reports filed today. eight and under from the provisions of this Act as Speaker: Read a letter from the Speaker wherein he it relates to large chain outlets (by a recorded vote appointed Representative Miller of Michigan to act of 129 ayes to 298 noes, Roll No. 530); as Speaker pro tempore for today. Page H8921 Pages H8933–34, H8937–38 Chaplain: The prayer was offered today by Rev. Jo- Scott of Virginia amendment (No. 4 printed in H. seph L. Logrip, Pastor, Immaculate Conception Rept. 109–249) which sought to exempt State law Church, Levittown, Pennsylvania. Page H8921 enforcement actions from the impact of the legisla- tion to ensure that Attorneys General and State Personal Responsibility in Food Consumption agencies can enforce State consumer protection laws Act of 2005: The House passed H.R. 554, to pre- concerning mislabeling or other unfair and deceptive vent legislative and regulatory functions from being trade practices (by a recorded vote of 192 ayes to usurped by civil liability actions brought or contin- 234 noes, Roll No. 531); and ued against food manufacturers, marketers, distribu- Pages H8934–35, H8938–39 tors, advertisers, sellers, and trade associations for Waxman amendment (No. 5 printed in H. Rept. claims of injury relating to a person’s weight gain, 109–249) which sought to exempt lawsuits involv- obesity, or any health condition associated with ing a dietary supplement relating to a person’s weight gain or obesity, by a yea-and-nay vote of 306 weight gain, obesity or any health condition associ- yeas to 120 nays, Roll No. 533. Pages H8925–40 ated with weight gain or obesity (by a recorded vote Pursuant to the rule, the amendment in the na- of 177 ayes to 247 noes, Roll No. 532). ture of a substitute recommended by the Committee Pages H8935, H8939 on the Judiciary now printed in the bill shall be The amendment in the nature of a substitute, as considered as an original bill for the purpose of amended, was adopted. Page H8939 amendment. Page H8930 H. Res. 494, the rule providing for consideration Agreed to: of the bill was agreed to on Tuesday, October 18th. Sensenbrenner Manager’s amendment (No. 1 Agriculture, Rural Development, Food and Drug printed in H. Rept. 109–249) which makes tech- Administration, and Related Agencies Appro- nical changes to the section of the bill that sets out priations Act, 2006—Motion to go to Con- the types of information a plaintiff must provide to ference: The House disagreed to the Senate amend- a judge to allow the court to determine whether the ment and agreed to a conference on H.R. 2744, to lawsuit should proceed or be dismissed. It clarifies make appropriations for Agriculture, Rural Develop- that the pleading provision in H.R. 554 is meant to ment, Food and Drug Administration, and Related apply to all cases seeking obesity-related damages. Agencies for the fiscal year ending September 30, The amendment adds the phrase ‘‘for each defendant 2006. Pages H8940–46 and cause of action’’ to clarify that a judge must Further proceedings on the DeLauro motion to in- apply H.R. 554’s pleading requirements to each spe- struct conferees on H.R. 2744, were postponed until cific claim. This prevents a plaintiff from improperly tomorrow, Thursday, October 20th. Page H8946 using a claim that is not barred by H.R. 554 as a Suspensions: The House agreed to suspend the rules means of pursuing obesity-related claims that are and pass the following measure: barred by H.R. 554 against the same or other de- fendants. Page H8931 Providing for the concurrence by the House with Rejected: amendments in the amendment of the Senate to Jackson-Lee of Texas amendment (No. 2 printed H.R. 3971: H. Res. 501, to provide for the concur- in H. Rept. 109–249) which sought to prohibit the rence by the House with amendments in the amend- food industry from initiating lawsuits against any ment of the Senate to H.R. 3971. Pages H8946–50 person for damages or other relief due to injury or Recess: The House recessed at 2:23 p.m. and recon- potential injury based on a person’s consumption of vened at 4:15 p.m. Page H8950

VerDate Aug 31 2005 05:11 Oct 20, 2005 Jkt 049060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D19OC5.REC D19OCPT1 D1058 CONGRESSIONAL RECORD — DAILY DIGEST October 19, 2005 Presidential Message: Read a message from the ENERGY/WINTER FUELS OUTLOOK President concerning a notice of the Continuation of Committee on Energy and Commerce: Subcommittee on the National Emergency with Respect to Significant Energy and Air Quality held a hearing entitled Narcotics Traffickers Centered in Colombia—referred ‘‘EIA’s Report on Short-term Energy Outlook and to the Committee on International Relations and or- Winter Fuels Outlook.’’ Testimony was heard from dered printed (H. Doc. 109–61). Page H8951 Guy F. Caruso, Administrator, Energy Information Senate Messages: Messages received from the Senate Administration, Department of Energy. today appear on pages H8933 and H8979. PETROLEUM REFINERY CAPACITY Senate Referrals: S. 1886 was referred to Com- INVESTMENTS mittee on International Relations. Page H8983 Committee on Government Reform: Subcommittee on Quorum Calls—Votes: One yea-and-nay vote and Energy and Resources held a hearing entitled ‘‘Petro- four recorded votes developed during the proceedings leum Refineries: Will Record Profits Spur Invest- of today and appear on pages H8937, H8937–38, ment in New Capacity?’’ Testimony was heard from H8938–39, H8939 and H8940. There were no public witnesses. quorum calls. FEDERALISM AND DISASTER RESPONSE Adjournment: The House met at 10 a.m. and ad- Committee on Homeland Security: Held a hearing enti- journed at 9:05 p.m. tled ‘‘ Federalism and Disaster: Response: Examining the Rules and Responsibilities of Local, State, and Committee Meetings Federal Agencies.’’ Testimony was heard from the DEFENSE HEALTH PROGRAM OVERVIEW following Governors: Jeb Bush, Florida; Rick Perry, Texas; and Janet Napolitano, Arizona; and public Committee on Armed Services: Subcommittee on Mili- witnesses. tary Personnel held a hearing on the defense health program overview. Testimony was heard from the HOMELAND SECURITY DEPARTMENT— following officials of the Department of Defense: ROLE OF CHIEF INTELLIGENCE OFFICER William Winkenwerder, Jr., M.D., Assistant Sec- Committee on Homeland Security: Subcommittee on In- retary, Health Affairs; MG Joseph G. Webb, Jr., telligence, Information Sharing, and Terrorism Risk USA, Deputy Surgeon General, Department of the Assessment and the Subcommittee on Terrorism, Army; VADM Donald C. Arthur, USN, Surgeon Human Intelligence, Analysis and Counterintel- General, Department of the Navy; and LTG George ligence of the Permanent Select Committee on Intel- P. Taylor, USAF, Surgeon General, Department of ligence, joint hearing entitled ‘‘The Department of the Air Force; and public witnesses. Homeland Security Second Stage Review: The Role BUDGET RECONCILIATION; PERSONAL of the Chief Intelligence Officer.’’ Testimony was RESPONSIBILITY, WORK, AND FAMILY heard from Charles Allen, Chief Intelligence Officer, PROMOTION ACT Department of Homeland Security; and a public wit- ness. Committee on Education and the Workforce: Began mark up of amendments to the Social Security Act, Wel- CARIBBEAN REGION POLICY REVIEW fare Reform regarding the Committee’s Instructions Committee on International Relations: Subcommittee on pursuant to the Conference Report on H. Con. Res. the Western Hemisphere held a hearing on Policy 95, Establishing the congressional budget for the Overview of the Caribbean Region. Testimony was United States Government for fiscal year 2006, revis- heard from the following officials of the Department ing appropriate budgetary levels for fiscal year 2005, of State: Adolfo A. Franco, Assistant Administrator, and setting forth appropriate budgetary levels for fis- Bureau for Latin America and the Caribbean, U.S. cal years 2007 through 2010, H. R. 240, Personal Agency for International Development; and Dan Responsibility, Work, and Family Promotion Act of Fisk, Deputy Assistant Secretary, Bureau of Western 2005. Hemisphere Affairs; and public witnesses. Will continue tomorrow. MISCELLANEOUS MEASURES PROTECTING PROPERTY RIGHTS AFTER Committee on Resources: Ordered reported the KELO following measures: H. Con. Res. 267, amended, Ex- Committee on Energy and Commerce: Subcommittee on pressing the sense of the Congress upholding the Commerce, Trade, and Consumer Protection held a Makah Tribe treaty rights; H.R. 323, To redesignate hearing entitled ‘‘Protecting Property Rights After the Ellis Island Library on the third floor of the Ellis Kelo.’’ Testimony was heard from public witnesses. Island Immigration Museum, located on Ellis Island

VerDate Aug 31 2005 05:11 Oct 20, 2005 Jkt 049060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D19OC5.REC D19OCPT1 October 19, 2005 CONGRESSIONAL RECORD — DAILY DIGEST D1059 in New York Harbor, as the ‘‘Bob Hope Memorial vestment in the United States (CFIUS), Department of Library;’’ H.R. 326, amended, To amend the Yuma the Treasury, which seeks to serve U.S. investment policy Crossing National Heritage Area Act of 2000 to ad- through reviews that protect national security while just the boundary of the Yuma Crossing National maintaining the credibility of open investment policy, 10 Heritage Area and to extend the authority of the a.m., SD–538. Secretary of the Interior to provide assistance under Committee on Commerce, Science, and Transportation: to that Act; H.R. 679, To direct the Secretary of the hold hearings to examine S. 1052, to improve transpor- Interior to convey a parcel of real property to Beaver tation security, including public and private sector ac- County, Utah; H.R. 1096, amended, Act Com- tions taken since September 11, 2001, and the attacks on memorating the LITE; H.R. 1183, To require the rail systems overseas, to enhance the security of passenger and freight rail transportation, 10 a.m., SD–562. Secretary of the Interior to provide public access to Full Committee, business meeting to consider proposed Navassa National Wildlife Refuge and Desecheo Na- DTV bill, S. 1753, to establish a unified national hazard tional Wildlife Refuge; H.R. 1436, To remove cer- alert system, S. 967, to amend the Communications Act tain use restrictions on property located in Navajo of 1934 to ensure that prepackaged news stories contain County, Arizona; H.R. 1564, Yakima-Tieton Irriga- announcements that inform viewers that the information tion District Conveyance Act of 2005; H.R. 1972, within was provided by the United States Government, amended, Franklin National Battlefield Study Act; and S. 1063, to promote and enhance public safety and H.R. 3443, To direct the Secretary of the Interior to to encourage the rapid deployment of IP-enabled voice convey certain water distribution facilities to the services, 2 p.m., SR–325. Northern Colorado Water Conservancy District; Committee on Energy and Natural Resources: to hold hear- H.R. 3818, amended, Forest Service Partnership En- ings to examine S. 1016, to direct the Secretary of Energy hancement Act of 2005; and S. 229, Albuquerque to make incentive payments to the owners or operators of Biological Park Title Clarification Act. qualified desalination facilities to partially offset the cost STATUS—OFFICE OF DIRECTOR OF of electrical energy required to operate the facilities, and S. 1860, to amend the Energy Policy Act of 2005 to im- NATIONAL INTELLIGENCE prove energy production and reduce energy demand Permanent Select Committee on Intelligence: Sub- through improved use of reclaimed waters, 2:30 p.m., committee on Oversight held a hearing entitled SD–366. ‘‘Status of the Office of the Director of National In- Committee on Foreign Relations: to hold hearings to exam- telligence.’’ Testimony was heard from former Speak- ine the nominations of Benson K. Whitney, of Min- er of the House Newt Gingrich of Georgia; and pub- nesota, to be Ambassador to Norway, Roland Arnall, of lic witnesses. California, to be Ambassador to the Kingdom of the Netherlands, Susan Rasinski McCaw, of Washington, to HURRICANE KATRINA be Ambassador to the Republic of Austria, and Nicholas Select Bipartisan Committee to Investigate the Preparation F. Taubman, of Virginia, to be Ambassador to Romania, for and Response to Hurricane Katrina: Continued hear- 9:30 a.m., SD–419. ings on Hurricane Katrina. Testimony was heard Subcommittee on Near Eastern and South Asian Af- from Michael Chertoff, Secretary of Homeland Secu- fairs, to hold hearings to examine U.S. foreign policy, pe- rity. troleum, and the Middle East, 2:30 p.m., SD–419. Committee on Health, Education, Labor, and Pensions: to f hold hearings to examine Federal employment programs NEW PUBLIC LAWS for persons with disabilities, 2 p.m., SD–106. Committee on Homeland Security and Governmental Affairs: (For last listing of Public Laws, see DAILY DIGEST,P. D1039) to hold hearings to examine the response to Hurricane H.R. 2360, making appropriations for the Depart- Katrina in New Orleans, 9:30 a.m., SD–342. ment of Homeland Security for the fiscal year ending Committee on the Judiciary: business meeting to consider September 30, 2006. Signed on October 18, 2005. pending calendar business, 9:30 a.m., SD–226. (Public Law 109–90) Subcommittee on Constitution, Civil Rights and Prop- f erty Rights, to hold hearings to examine the constitu- tional amendment on marriage, 2 p.m., SD–226. COMMITTEE MEETINGS FOR THURSDAY, Committee on Veterans’ Affairs: to hold hearings to exam- OCTOBER 20, 2005 ine IT Management by the VA, 10 a.m., SR–418. (Committee meetings are open unless otherwise indicated) Select Committee on Intelligence: to receive a closed brief- ing regarding certain intelligence matters, 2:30 p.m., Senate SH–219. Committee on Banking, Housing, and Urban Affairs: to re- sume hearings to examine the implementation of the Exon-Florio provision by the Committee on Foreign In-

VerDate Aug 31 2005 05:11 Oct 20, 2005 Jkt 049060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D19OC5.REC D19OCPT1 D1060 CONGRESSIONAL RECORD — DAILY DIGEST October 19, 2005 House H.R. 4053, To designate the facility of the United States Postal Service located at 545 North Rimsdale Avenue in Committee on Appropriations, Subcommittee on Military Quality of Life, and Veterans Affairs, and Related Agen- Covina, California, as the ‘‘Lillian Kinkella Keil Post Of- cies, hearing on VA Capital Asset Realignment for En- fice;’’ S. 37, To extend the special postage stamp for hanced Services (CARES), 10:30 a.m., H–143 Capitol. breast cancer research for 2 years; H.R. 3134, Federal Committee on Armed Services, hearing on the Army’s Real Property Disposal Pilot Program and Management M1114 Up-Armor High Mobility Multipurpose Wheeled Improvement Act of 2005; H.R. 1455, To amend titled Vehicle (UAH) distribution strategy, 9 a.m., 2118 Ray- 45 and title 3, United States Code, to include the De- burn. partment of Homeland Security and the Secretary of Subcommittee on Tactical Air and Land Forces and the Homeland Security in the lists of executive departments Subcommittee on Technical and Tactical Intelligence of and officers; H.R. 3496, National Capital Transportation the Permanent Select Committee on Intelligence, joint Amendments Act of 2005; and H.R. 4057, To provide hearing on the Aerial Common Sensor Program, 4 p.m., that attorneys employed by the Department of Justice 2118 Rayburn. shall be eligible for compensatory time of for travel under Committee on Education and the Workforce, to continue section 5550b of title 5, United States Code. mark up of amendments to the Social Security Act, Wel- Committee on Homeland Security, Subcommittee on Eco- fare Reform regarding the Committee’s Instructions pur- nomic Security, Infrastructure Protection, and suant to the Conference Report on H. Con. Res. 95, Es- Cybersecurity, hearing entitled ‘‘The London Bombings: tablishing the congressional budget for the United States Protecting Civilian Targets from Terrorist Attacks,’’ 3 Government for fiscal year 2006, revising appropriate p.m., 311 Cannon. budgetary levels for fiscal year 2005, and setting forth Subcommittee on Prevention of Nuclear and Biological appropriate budgetary levels for fiscal years 2007 through Attack, hearing entitled ‘‘Mitigating Catastrophic Events 2010, and H.R. 240, Personal Responsibility, Work, and through Effective Medical Response,’’ 1 p.m., 1310 Long- Family Promotion Act of 2005 and to mark up H. Res. worth. 467, Requesting that the President transmit to the House Committee on International Relations, Subcommittee on of Representatives information in his possession relating Africa, Global Human Rights and International Oper- to contracts for services or construction related to Hurri- ations, hearing on African Growth and Opportunity Act: cane Katrina recovery that relate to wages and benefits to A Five-Year Assessment, 10:30 a.m., 2172 Rayburn. be paid to workers, 9:30 a.m., 2175 Rayburn. Subcommittee on Asia and the Pacific, hearing on Committee on Energy and Commerce, Subcommittee on South Asia Earthquake: Impact and Humanitarian Re- Health and the Subcommittee on Environment and Haz- sponse, 1:30 p.m., 2172 Rayburn. ardous Materials, joint hearing entitled ‘‘Comprehensively Committee on the Judiciary, Subcommittee on the Con- Combating Methamphetamines: Impacts on Health and stitution, oversight hearing entitled ‘‘An Examination of the Environment,’’ 10 a.m., 2123 Rayburn. the Scope and Criteria for Coverage under the Special Committee on Financial Services, Subcommittee on Hous- Provisions of the Voting Rights Act,’’ 10 a.m., 2141 ing and Community Opportunity, hearing entitled ‘‘Man- Rayburn. agement and Oversight of the National Flood Insurance Committee on Resources, Subcommittee on Water and Program,’’ 10 a.m., 2128 Rayburn. Power, oversight hearing entitled ‘‘Water Supply Committee on Government Reform, hearing entitled ‘‘The Critical Role of the National Guard at Home and Vulnerabilities in the Sacramento/San Joaquin River Sys- Abroad,’’ 10 a.m., and to consider the following: H.R. tem,’’ 1 p.m., 1324 Longworth. 3256, To designate the facility of the United States Post- Committee on Science, hearing on Science, Technology, al Service located at 3038 West Liberty Avenue in Pitts- and Global Economic Competitiveness, 10 a.m., 2318 burgh, Pennsylvania, as the ‘‘Congressman James Grove Rayburn. Fulton Memorial Post Office Building;’’ H.R. 3368, To Committee on Transportation and Infrastructure, Sub- designate the facility of the United States Postal Service committee on Highways, Transit and Pipelines, oversight located at 6483 Lincoln Street in Gagetown, Michigan, as hearing on Rebuilding Highway and Transit Infrastruc- the ‘‘Gagetown Veterans Memorial Post Office;’’ H.R. ture on the Gulf Coast following Hurricane Katrina, 2 3548, To designate the facility of the United States Post- p.m., 2167 Rayburn. al Service located on Franklin Avenue in Pearl River, Subcommittee on Water Resources and Environment, New York, as the ‘‘Heinz Ahlmeyer, Jr., Post Office oversight hearing entitled ‘‘Expert Views on Hurricane Building;’’ H.R. 3770, To designate the facility of the and Flood Protection and Water Resources Planning for United States Postal Service located at 205 West Wash- a Rebuilt Gulf Coast,’’ 10 a.m., 2167 Rayburn. ington Street in Knox, Indiana, as the ‘‘Grant W. Green Committee on Veterans’ Affairs, to mark up the following Post Office Building;’’ H.R. 3825, To designate the facil- bills: H.R. 3665, Veterans Housing Improvement Act of ity of the United States Postal Service located at 770 2005; H.R. 1691, To designate the Department of Vet- Trumbull Drive in Pittsburgh, Pennsylvania, as the erans Affairs outpatient clinic in Appleton, Wisconsin, as ‘‘Clayton J. Smithy Memorial Post Office Building;’’ the ‘‘John H. Bradley Department of Veterans Affairs H.R. 3989, To designate the facility of the United States Outpatient Clinic;’’ and H.R. 4061, Department of Vet- Postal Service located at 37598 Goodhue in Dennison, erans Affairs Information Technology Management Im- Minnesota, as the ‘‘Albert Harold Quie Post Office;’’ provement Act of 2005, 2 p.m., 334 Cannon.

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Subcommittee on Disability Assistance and Memorial executive, Briefing on Aerial Common Sensor Program, 4 p.m., Affairs, oversight hearing on variances in disability com- 2212 Rayburn. pensation claims decisions made by the VA Regional Of- fices, the Post Traumatic Stress Disorder claims review; Joint Meetings and United States Court of Appeals for the Federal Cir- Joint Economic Committee: cuit decision Allen v Principi, 10:30 a.m., 340 Cannon. To hold hearings to examine Permanent Select Committee on Intelligence, executive, Brief- the current economic outlook, 10 a.m., 311 CHOB. ing on Global Updates/Hotspots, 9 a.m., H–405 Capitol, and

VerDate Aug 31 2005 05:11 Oct 20, 2005 Jkt 049060 PO 00000 Frm 00009 Fmt 0627 Sfmt 0627 E:\CR\FM\D19OC5.REC D19OCPT1 D1062 CONGRESSIONAL RECORD — DAILY DIGEST October 19, 2005

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, October 20 10 a.m., Thursday, October 20

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: To be announced. ation of H.R. 3058, Transportation, Treasury, HUD, Ju- diciary, DC Appropriations.

Extensions of Remarks, as inserted in this issue

HOUSE Issa, Darrell E., Calif., E2127 Ortiz, Solomon P., Tex., E2126 Jones, Stephanie Tubbs, Ohio, E2130 Payne, Donald M., N.J., E2125 Blumenauer, Earl, Ore., E2126 Kildee, Dale E., Mich., E2127 Poe, Ted, Tex., E2125 Boustany, Charles W., Jr., La., E2123 Kucinich, Dennis J., Ohio, E2128 Rogers, Mike, Ala., E2123 Burgess, Michael C., Tex., E2124, E2127 Lewis, Jerry, Calif., E2126 Ross, Mike, Ark., E2123, E2124 Cooper, Jim, Tenn., E2125 Maloney, Carolyn B., N.Y., E2127 Culberson, John Abney, Tex., E2128 Mica, John L., Fla., E2130 Sabo, Martin Olav, Minn., E2124 Davis, Artur, Ala., E2129 Ney, Robert W., Ohio, E2123, E2124, E2124, E2125, Schwartz, Allyson Y., Pa., E2128 Gibbons, Jim, Nev., E2124 E2125, E2126, E2127, E2128, E2129, E2130 Shaw, E. Clay, Jr., Fla., E2129 Israel, Steve, N.Y., E2129 Norton, Eleanor Holmes, D.C., E2126 Solis, Hilda L., Calif., E2126

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